[HISTORY: Adopted by the Board of Representatives of Tompkins County 6-2-1998 by L.L. No. 3-1998. Amendments noted where applicable.]
Prohibiting the self-service sales and open displays of tobacco products will promote the health, safety and welfare of residents of Tompkins County under the age of 18 by making it more difficult for such minors to purchase tobacco products.
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
- As defined in Subdivision 2 of § 1399-n of the Public Health Law.
- Any sole proprietorship, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities where legal, medical, engineering, architectural or other professional services are delivered.
- Any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
- SELF-SERVICE MERCHANDISING
- Open display of tobacco products that the public has access to without the intervention of an employee.
- TOBACCO BUSINESS
- As defined as in Subdivision 13 of § 1399-n of the Public Health Law.
- TOBACCO PRODUCT
- Any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion.
- TOBACCO RETAILER
- Any person or governmental entity that operates a store, stand, booth, concession, or other place at which sales of tobacco products are made to purchasers for consumption or use.
No person, business, or tobacco retailer shall sell, permit to be sold, offer for sale or display any tobacco product by means of self-service merchandising. This section shall not apply to the sale of tobacco products in vending machines located in a bar or in vending machines in the bar area of a food service establishment with a valid on-premises full liquor license or in a tobacco business.
Any person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this chapter who fails to comply with any provision of this chapter shall be guilty of a violation as defined by § 55.00 of the Penal Law and be subject to a fine of up to $1,000 for a first violation and a fine up to $2,500 for a second or succeeding violation or by imprisonment of not more than 15 days, or by both such fine and imprisonment. Any peace officer or police officer within the County of Tompkins is authorized to enforce this chapter. The County Board of Health and the Public Health Director are authorized to enforce this chapter in the same manner as a violation of the County Sanitary Code.
[Added 12-15-1998 by L.L. No. 6-1998]
Any person, business, tobacco retailer or owner, manager or operator of any establishment subject to this chapter may request a waiver from strict compliance with its provisions. Such request must be in writing, addressed to the Tompkins County Board of Health and shall set forth and document the reason strict compliance will cause a significant hardship to the applicant. The request shall also state alternative means of compliance. The Board of Health shall consider the request and either deny the request or grant the request, subject to such conditions as the Board of Health shall impose in order that the purpose and intent of this chapter will be achieved, that is, to make it difficult for minors to purchase or obtain tobacco products.