2006 New York Code - Cigarettes, Cigars, Tobacco 235/52

Cigarettes, Cigars, Tobacco 235/52

 
    An  act  to  enable  any  city of the state having a population of one
  million or more  to  adopt,  and  amend  local  laws,  imposing  certain
  specified types of taxes on cigarettes, cigars and smoking tobacco which
  the  legislature  has  or  would  have power and authority to impose, to
  provide for the review of such taxes, and to limit  the  application  of
  such local laws
    Section  1.  (1)  Notwithstanding  any  other  provision of law to the
  contrary, any city of the state having a population of  one  million  or
  more  inhabitants,  acting through its local legislative body, is hereby
  authorized and empowered to adopt and amend local laws imposing  in  any
  such  city  taxes  on  cigarettes, cigars or smoking tobacco such as the
  legislature has or would have power and authority to impose. Such  taxes
  may be collected and administered by the fiscal officers of such city by
  such means and in such manner as may be provided by such local laws. The
  taxes  may  be  imposed  on  the use, sale, exchange, transfer, storage,
  withdrawal, possession or retention of  cigarettes,  cigars  or  smoking
  tobacco, provided, however, that nothing in this act shall authorize the
  imposition  of a tax on the use, possession or retention (otherwise than
  for sale) of two hundred cigarettes or less, of fifty cigars or less  or
  of two pounds of smoking tobacco or less brought into the city on, or in
  possession of, any person.
    * (a) The rate of such tax on cigarettes shall not exceed seventy-five
  cents  for  each  ten cigarettes or fraction thereof, provided, however,
  that if a package of cigarettes contains more  than  twenty  cigarettes,
  the  rate  of  tax on the cigarettes in such package in excess of twenty
  shall be  thirty-eight  cents  for  each  five  cigarettes  or  fraction
  thereof.  Such  tax  is  intended  to  be  imposed only once on the same
  package of cigarettes.
    * NB Effective until December 31, 2008
    * (a) The basic rate of such tax on cigarettes shall  not  exceed  two
  cents  for each ten cigarettes or fraction thereof and is intended to be
  imposed only once on the same package of cigarettes; in addition to such
  tax there may be imposed an additional tax at the following rates
    (1) One and one-half cents for each ten cigarettes where either  their
  tar content exceeds seventeen milligrams per cigarette or their nicotine
  content exceeds one and one-tenth milligrams per cigarette;
    (2)  Two cents for each ten cigarettes where their tar content exceeds
  seventeen milligrams per cigarette and their  nicotine  content  exceeds
  one and one-tenth milligrams per cigarette.
    * NB Effective December 31, 2008
    (b)  The  rate of such tax on cigars shall not exceed one cent on each
  cigar sold at a price of not less than seven cents  and  not  more  than
  fifteen  cents; two cents on each cigar sold at a price of not less than
  sixteen cents and not more than twenty-nine cents; and  three  cents  on
  each  cigar sold at a price of thirty cents or more. Where more than one
  cigar is sold, whether or not in a package, box or container,  such  tax
  shall  be  applied to each cigar on the basis of the price applicable to
  each cigar. The tax shall not be applicable to cigars sold  at  a  price
  less than seven cents a cigar.
    (c)  The rate of such tax on smoking tobacco shall not exceed one cent
  for each twenty cents or fraction thereof of the  price  at  which  such
  smoking tobacco is sold.
    (2)  As  used  herein, the term "cigarette" shall mean and include any
  roll for smoking made wholly or in part  of  tobacco  or  of  any  other
  substance, irrespective of size or shape and whether or not such tobacco
  or   substance   is  flavored,  adulterated  or  mixed  with  any  other
  ingredient, the wrapper or cover of which is made of paper or any  other
  substance of material except tobacco.


    (3)  A  tax  imposed  hereunder shall have application only within the
  territorial limits of any such city and shall be in addition to any  and
  all  other  taxes.  The  method of collecting any tax imposed hereunder,
  either with or without adhesive or meter stamps, shall be subject to the
  approval of the state tax commission.
    (4)   Any  tax  imposed  hereunder  shall  be  refunded  whenever  any
  cigarettes upon which the tax has been paid have been sold  and  shipped
  into another state for sale or use there.
    (5) No tax imposed pursuant to this section shall apply to the sale of
  cigarettes  under such circumstances that this state is without power to
  impose such tax or to  cigarettes  sold  to  the  United  States  or  to
  cigarettes  sold to or by a voluntary unincorporated organization of the
  armed forces of the United States operating a  place  for  the  sale  of
  goods  pursuant  to regulations promulgated by the appropriate executive
  agency of the United States.
    (6) Any final determination of the amount of any tax payable hereunder
  shall be reviewable for error, illegality or unconstitutionality or  any
  other  reason  whatsoever by a proceeding under article seventy-eight of
  the civil practice law and rules if application therefor is made to  the
  supreme  court within four months after the giving of the notice of such
  final determination, provided, however, that any such  proceeding  under
  article  seventy-eight  of the civil practice law and rules shall not be
  instituted by a person liable for the tax unless the amount of  any  tax
  sought  to  be reviewed, with such interest and penalties thereon as may
  be provided for by local law or regulation, shall be first deposited and
  an undertaking filed, in such amount and with such sureties as a justice
  of the supreme court shall approve to the effect that if such proceeding
  be dismissed or the tax confirmed such person will  pay  all  costs  and
  charges which may accrue in the prosecution of such proceeding.
    (7)  Where  any  tax  imposed  hereunder  shall have been erroneously,
  illegally or unconstitutionally collected and application for the refund
  thereof duly made to the proper fiscal officer  or  officers,  and  such
  officer  or  officers  or,  in the case of a city of one million or more
  which has established tax appeals tribunal, such tax  appeals  tribunal,
  shall  have made a determination denying such refund, such determination
  shall be reviewable by a proceeding under article seventy-eight  of  the
  civil practice law and rules, provided, however, that such proceeding is
  instituted  within  four  months  after the giving of the notice of such
  denial, that a final determination of tax due was not  previously  made,
  and  that  an  undertaking  is  filed  with the proper fiscal officer or
  officers in such amount and with such  sureties  as  a  justice  of  the
  supreme  court  shall  approve  to the effect that if such proceeding be
  dismissed or the tax confirmed, the person liable for the tax  will  pay
  all  costs  and  charges  which  may  accrue  in the prosecution of such
  proceeding.
    (8) Except in the case of a wilfully false or fraudulent  return  with
  intent  to  evade the tax, no assessment of additional tax shall be made
  with respect to taxes imposed hereunder after  the  expiration  of  more
  than  three  years  from  the  date of the filing of a return, provided,
  however, that where no return has been filed as provided by law the  tax
  may be assessed at any time.
    §  2.  Revenues  resulting  from the imposition of taxes authorized by
  this act shall be paid into the treasury of any such city and  shall  be
  credited  to  and deposited in the general fund of any such city, except
  that, after the payment of refunds with respect to such taxes, effective
  on and after July 2, 2002, 46.5 percent  and,  effective  on  and  after
  April  1,  2003,  46 percent of such revenues (including taxes, interest
  and penalties)  collected  or  received  shall  be  paid  to  the  state


  comptroller.  The state comptroller is hereby authorized and directed to
  transfer all such amounts so paid to the credit of the  tobacco  control
  and  insurance initiatives pool to be distributed by the commissioner of
  health in accordance with section 2807-v of the public health law.