Village of Great Neck Plaza, NY Chapter 169 Sale of Smoking Products to Minors

[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck Plaza 7-5-2017 by L.L. No. 3-2017. Amendments noted where applicable.]

GENERAL REFERENCES

Sale of tobacco products — See Ch. 195.

§ 169-1 Definitions.

A. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section. Words used in the present tense include the future; words used in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular. Where terms are not defined in this code, then the words as defined in New York State Public Health Law Article 13-F shall prevail, and if the term is not defined in either, then the word as defined in the most current edition of Webster's Dictionary shall prevail.

B. For the purpose of this chapter, the terms used herein are defined as follows:

ACCESSORY

(1) Any product that is intended or reasonably expected to be used with or for the human consumption of a tobacco product; does not contain tobacco and is not made or derived from tobacco; and meets either of the following:

(a) Is not intended or reasonably expected to affect or alter the performance, composition, constituents, or characteristics of a tobacco product; or

(b) Is intended or reasonably expected to affect or maintain the performance, composition, constituents, or characteristics of a tobacco product but solely controls moisture and/or temperature of a stored tobacco product or solely provides an external heat source to initiate but not maintain combustion of a tobacco product.

(2) "Accessory" includes, but is not limited to, carrying cases, lanyards and holsters.

AGE-RESTRICTED PRODUCTS

(1) Tobacco products, shisha, herbal cigarettes, electronic aerosol delivery systems, and smoking paraphernalia; and

(2) All other products prohibited from being sold to minors by New York State Public Health Law Article 13-F, as the same may be amended from time to time.

COMPONENT or PART

Any software or assembly of materials intended or reasonably expected to alter or affect the tobacco products' performance, composition, constituents, or characteristics; or to be used with or for the human consumption of a tobacco product. "Component or part" excludes anything that is an accessory of a tobacco product, and includes, but is not limited to, e-liquids, cartridges, certain batteries, heating coils, programmable software and flavorings for electronic aerosol delivery systems.

ELECTRONIC AEROSOL DELIVERY SYSTEM

An electronic device that, when activated, produces an aerosol that may be inhaled, whether or not such aerosol contains nicotine. "Electronic aerosol delivery system" includes any component or part but not accessory, and any liquid or other substance to be aerosolized, whether or not separately sold. "Electronic aerosol delivery system" does not include drugs, devices, or combination products authorized for sale by the state or United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.[1]

ENFORCEMENT OFFICER

Any police officer, building official, code enforcement officer, inspector, county health inspector or employee of the Village authorized to enforce the Village Code.

PERSON

A natural person and/or the entity by which a person is employed, including but not limited to entities such as corporations, partnerships and limited-liability companies.

SHISHA

Any product made primarily of tobacco or other leaf or herbs, or any combination thereof, smoked or intended to be smoked in a hookah or water pipe.

SMOKING PARAPHERNALIA

Any pipe, water pipe, hookah, rolling papers, vaporizer or any other device, equipment or apparatus designed for the inhalation of tobacco.

TOBACCO PRODUCT

Any product made or derived from tobacco or which contains nicotine marketed or sold for human consumption, whether consumption occurs through inhalation or oral or dermal absorption, including cigarettes, cigars, chewing tobacco, powdered tobacco, bidis, gutka, other tobacco products, or nicotine water. "Tobacco product" does not include drugs, devices, or combination products authorized for sale by the state or United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.[2]

VILLAGE

The Village of Great Neck Plaza.

[1] Editor's Note: See 21 U.S.C. § 301 et seq.

[2] Editor's Note: See 21 U.S.C. § 301 et seq.

§ 169-2 Prohibited acts.

A. No person shall sell or permit the sale of age-restricted products to any person under the age of 21.

B. The identification requirements contained in New York State Public Health Law Article 13-F, § 1399-cc(3), as the same may be amended from time to time, are hereby incorporated into this chapter by reference, except that the age to be proven by such identification shall be 21.

C. Age-restricted products may not be sold in vending machines located in the Village.

D. No person operating a place of business wherein age-restricted products are sold or offered for sale shall sell, permit to be sold, offer for sale or display for sale any age-restricted product in any manner, unless such age-restricted product is stored for sale behind a counter in an area accessible only to the personnel of such business or in a locked container; provided, however, that such restriction shall not apply to tobacco businesses as defined in Subdivision 8 of § 1399-aa of New York State Public Health Law Article 13-F, as the same may be amended from time to time, and to places to which admission is restricted to persons 21 years of age or older.

§ 169-3 Posting of signs.

A. No person shall sell or permit the sale of an age-restricted product in the Village unless a notice is posted in a conspicuous place at the location where the age-restricted product is sold.

B. The sign shall provide notice, which shall state: "SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, SHISHA, BIDIS, GUTKA OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES, ROLLING PAPERS OR SMOKING PARAPHERNALIA TO PERSONS UNDER 21 YEARS OF AGE IS PROHIBITED BY LOCAL LAW."

C. Such sign shall be printed on a white card in red letters at least 1/2 inch in height. Signs shall be protected from tampering, damage, removal or concealment.

§ 169-4 Service of violation orders and summons.

A. A violation order or summons for violation of the provisions of this chapter may be served either personally, by delivering to and leaving a copy thereof with the person to whom such order is directed, or if the person to whom such order is directed cannot be found within the Village of Great Neck Plaza, after diligent search shall have been made, then such order may be served by posting a copy thereof in a conspicuous place on the premises where such violation is alleged to exist or to which said order may refer and also depositing a copy thereof in a post office, branch post office or in a post office box legally maintained by the government of the United States in Great Neck, New York, enclosed in a sealed, postpaid wrapper, addressed to said person at his last known place of residence or at such address last filed by the owner or management agent in the most recent owner's statement given to the Village.

B. A violation order or summons for violation of the provisions of this chapter may be served by any officer or employee of the Village or by any other person designated or authorized by the Board of Trustees of the Village of Great Neck Plaza.

§ 169-5 Penalties for offenses.

A. Every person who shall fail to comply with any provision of this chapter shall be guilty of a violation of this chapter and shall be subject to the penalties herein provided for.

B. Every person who shall fail to comply with a notice of violation issued by an enforcement officer within the time stated in said notice shall be guilty of a violation of this chapter and shall be subject to the penalties herein provided for.

C. Each day that a violation of this chapter is permitted to exist shall constitute a separate violation of this code.

D. Prior to serving a summons for a violation of the provisions of § 169-3 of this chapter, an enforcement officer shall serve a notice of violation requiring compliance with said provisions within a specific number of days, but no more than 15 days.

E. Any person violating a provision of this chapter shall be liable to the following penalties:

(1) A fine not to exceed $350 for an initial violation, not to exceed $700 for a second violation within a twelve-month period, and not to exceed $1,000 for a third violation within a twelve-month period; or

(2) Imprisonment for a period not to exceed 15 days; or

(3) Both a fine and imprisonment as set forth herein.

F. In addition to the other penalties specified herein, any person who is guilty of two or more violations of the provisions of this chapter within a twelve-month period shall be subject to the suspension or revocation of any special or conditional permit issued by the Village which authorizes said person to conduct business within the Village.