[HISTORY: Adopted by the County Legislature 5-2-2017 by L.L. No. 2-2017. Amendments noted where applicable.]
Tompkins County has a substantial interest in reducing the number of individuals of all ages who use cigarettes and other tobacco products, and a particular interest in protecting adolescents from tobacco dependence and the illnesses and premature death associated with tobacco use.
NOTE: Lorillard Tobacco Co. v. Reilly. 533 U.S. 525, 555 (2001); see also Cf. Ian McLaughlin, Tobacco Control Legal Consortium, License to Kill?: Tobacco Retailer Licensing as an Effective Enforcement Tool 1 (2010). available at http://publichealthlawcenter.org/sites/default/files/resources/tclc-syn-retailer-2010.pdf.
It is the intent of Tompkins County to implement effective measures through this chapter to reduce youth access to tobacco products, e-cigarettes and similar aerosol devices, smoking paraphernalia, and shisha.
As used in this chapter, the following terms have the meanings indicated:
- Tompkins County Health Department.
- ELECTRONIC NICOTINE DELIVERY SYSTEMS (ENDs)
- Has the same meaning as in § 72-6 of the Tompkins County Code.
- LEGAL AGE
- Age 21 years.
- 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, or any other device, equipment, or apparatus designed for the inhalation of tobacco or shisha.
- 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. 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.
Editor's Note: See 21 U.S.C. § 301 et seq.
No person shall sell any tobacco product, electronic nicotine delivery system, shisha. or smoking paraphernalia to persons under the legal age.
Any person selling tobacco products, liquid nicotine, shisha or electronic cigarettes shall post in a conspicuous place a sign upon which there shall be imprinted the following statement: "SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, SHISHA, OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES, ROLLING PAPERS, OR SMOKING PARAPHERNALIA, TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a white card in red letters at least 1/2 inch in height.
The Department or its authorized designee(s) shall enforce the provisions of this chapter. The Department may conduct periodic inspections in order to ensure compliance with this chapter.
Any person found to be in violation of this chapter shall be liable for a civil penalty of no less than $300 but no more than $1,000 for a first violation, and no less than $500 but no more than $1,500 for each subsequent violation.
Any peace officer or police officer within the County of Tompkins is authorized to enforce this chapter. The Department is authorized to enforce this chapter in the same manner as a violation of the County Sanitary Code.
Violations of this chapter shall be separate from and, where applicable, in addition to a violation of the Adolescent Tobacco Use Prevention Act (ATUPA).
The Department may issue and amend rules, regulations, standards, guidelines, or conditions to implement and enforce this chapter.
The provisions of this chapter are declared to be severable, and if any section of this chapter is held to be invalid, such invalidity shall not affect the other provisions of this chapter that can be given effect without the invalidated provision.
The effective date of this chapter shall be 60 days from the date of its enactment.