[Adopted 12-17-2019 by L.L. No. 2-2020]
A.
This Legislature finds and determines that schools, parks, playgrounds,
and child day-care facilities are frequented by a significant number
of young children each day in Suffolk County. This Legislature finds
and determines that minors are especially susceptible to the cognitive
effects of persuasive advertising. This Legislature further finds
and determines that advertisements attempt to sell products to the
public. Advertisements for age-restricted products, such as tobacco,
alcohol, and vaping products, are targeted to adults, but children
can see these ads and be enticed to try these products. This Legislature
finds that the placement of advertisements for age-restricted products
in the vicinity of locations utilized primarily by children is particularly
concerning. This Legislature determines that the areas in and around
these spaces should be free of advertisements for age-restricted products
to decrease exposure of minors to such products and reduce the likelihood
that children try products intended for adult consumption.
B.
Therefore, the purpose of this law is to prohibit the advertisement
of age-restricted products within 1,000 feet of schools, parks, playgrounds,
and licensed child day-care facilities.
As used in this article, the following terms shall have the
meanings indicated:
Any visual notice or announcement on a public medium which
promotes a product available for purchase on the open market. This
definition shall not include any company name or product logo utilized
in the sponsorship of an event and/or adult sports team(s).
[Added 3-17-2020 by L.L.
No. 15-2020]
Tobacco products, shisha, herbal cigarettes, electronic nicotine
delivery systems, vaping and smoking paraphernalia, and vaping hoodies
and accessories; and 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, or any products subject to
New York State Alcoholic Beverage Control Law.
Any program or facility caring for children for more than
three hours per day per child, as those terms are defined in § 390
of the New York Social Services Law.
Commissioner of the Suffolk County Department of Health Services.
Any stall, cart, counter, or other food service establishment
run by a concessionaire which is licensed to sell food and/or other
goods on public or private property.
[Added 3-17-2020 by L.L.
No. 15-2020]
Any person, individual, business, partnership, company, or
other entity which has a license or is otherwise permitted to sell
food, beverages, or other goods at a concession stand on private or
public property.
[Added 3-17-2020 by L.L.
No. 15-2020]
Any electronic device composed of a mouthpiece, heating element,
battery and electronic circuits that provides a vapor of liquid nicotine
and/or other substances mixed with propylene glycol to the user as
he or she simulates smoking. This term shall include such devices
whether they are manufactured as e-cigarettes, e-cigars, e-pipes or
under any other product name. This term shall include the component
parts designed for such systems, including, but not limited to: liquid
nicotine and other e-liquids, glass or plastic vials containing e-liquid,
cartridges, atomizers, batteries, cartomizers and clearomizers, digital
displays/lights that adjust settings, tank systems, drip tips, flavoring
for ENDS and programmable software.
Any product made primarily of an herb or combination of herbs,
and intended to be smoked in any of the methods that tobacco is smoked,
including, but not limited to, as a cigarette, cigar or pipe filler.
Any park, play area, beach, recreation area, or other such
area in Suffolk County designated by New York State, Suffolk County,
or any other municipality located therein for park or recreation purposes.
A natural individual, firm, company, corporation, partnership,
sole proprietor, limited partnership or association, or other business
organization of any kind.
Any public land designated for recreational or athletic purposes
by any school district, library district, or any municipality located
wholly within the County of Suffolk.
Any institution, building or structure used for teaching
children or imparting an education.
That area designated as "school grounds," according to § 220,
Subdivision 14, of the New York Penal Law, meaning the area in or
within any building, structure, athletic playing field, playground
or land contained within the real property boundary line of a public
or private elementary, parochial, intermediate, junior high, vocational
or high school, or any area accessible to the public located within
1,000 feet of the real property boundary line comprising any such
school or any parked automobile or other parked vehicle located within
1,000 feet of the real property boundary line comprising such school.
For the purposes of this definition, an "area accessible to the public"
shall mean sidewalks, streets, parking lots, parks, playgrounds, stores,
restaurants, vacant or abandoned properties, public easements, utility
easements and drainage areas.
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, vaporizer or
any other device, equipment or apparatus designed for the inhalation
of tobacco products or other substances.
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 U.S. Food and Drug Administration, as those terms
are defined in the Federal Food, Drug and Cosmetic Act.
[Amended 3-17-2020 by L.L. No. 15-2020]
A.
Violation(s) of this article shall be punishable by a fine of at
least $250 with a maximum of $1,000 per occurrence. Each day that
the violation shall exist shall be considered a separate and distinct
violation.
B.
No civil penalty or fine shall be imposed under this article until
after a formal hearing has been held, upon at least 15 days'
notice, before the Commissioner, or his or her designee. Such notice
shall be served either personally or by certified mail, return receipt
requested, to the address of the person violating this article and
shall state the date, time and place of the formal hearing as well
as enumerate the grounds constituting the alleged violation by the
person. The violator may produce witnesses on his or her own behalf.
A record of the formal hearing shall be taken and preserved. For the
purpose of such formal hearing, the Commissioner or his designee may
administer oaths, subpoena witnesses and compel the production of
books, papers, records and other documents deemed pertinent to the
subject of the hearing.
C.
In addition to the fines set forth herein, the County shall have
jurisdiction to maintain an action in any court of competent jurisdiction
to enjoin such violation and/or to obtain any other form of equitable
relief which as to such court appears just and proper for the purpose
of eliminating the violation(s).
This article shall be enforced by the Suffolk County Department
of Health Services.
The Department of Health Services shall promulgate such rules
and regulations as it deems necessary and appropriate for the implementation
and enforcement of any provisions of this article.
Nothing in this article shall prohibit any business located
within 1,000 feet from a school or school premises, park or park property,
playground, or duly licensed child day-care facility from advertising
age-restricted products within the business's enclosed building.
This article shall apply to advertisements currently existing
or subsequently created and/or posted on or after the effective date
of this article.
This law shall take effect on the 120th day immediately subsequent
to filing in the Office of the Secretary of State.
