[HISTORY: Adopted by the County Legislature 5-2-2017 by L.L. No. 2-2017.
Amendments noted where applicable.]
A.
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.
B.
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.
Has the same meaning as in § 72-6 of the Tompkins County Code.
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.
Any pipe, water pipe, hookah, rolling papers, or any other
device, equipment, or apparatus designed for the inhalation of tobacco
or shisha.
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.[1]
Has the same meaning as in § 155-2 of the Tompkins County Code.
[1]
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.
A.
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.
B.
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.
C.
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.
D.
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.
