§ 1399-cc. Sale of tobacco products, herbal cigarettes, liquid\nnicotine, shisha, rolling papers or smoking paraphernalia to minors\nprohibited. 1. As used in this section:\n (a) "A device capable of deciphering any electronically readable\nformat" or "device" shall mean any commercial device or combination of\ndevices used at a point of sale or entry that is capable of reading the\ninformation encoded on the bar code or magnetic strip of a driver's\nlicense or non-driver identification card issued by the state\ncommissioner of motor vehicles;\n (b) "Card holder" means any person presenting a driver's license or\nnon-driver identification card to a licensee, or to the agent or\nemployee of such licensee under this chapter;\n (c) "Smoking paraphernalia" means any pipe, water pipe, hookah,\nrolling papers, vaporizer or any other device, equipment or apparatus\ndesigned for the inhalation of tobacco;\n (d) "Transaction scan" means the process involving an automated bar\ncode reader by which a licensee, or agent or employee of a licensee\nunder this chapter reviews a driver's license or non-driver\nidentification card presented as a precondition for the purchase of a\ntobacco product or herbal cigarettes pursuant to subdivision three of\nthis section; and\n (e) "Liquid nicotine", "electronic liquid" or "e-liquid" means a\nliquid composed of nicotine and other chemicals, and which is sold as a\nproduct that may be used in an electronic cigarette.\n 2. Any person operating a place of business wherein tobacco products,\nherbal cigarettes, liquid nicotine, shisha or electronic cigarettes, are\nsold or offered for sale is prohibited from selling such products,\nherbal cigarettes, liquid nicotine, shisha, electronic cigarettes or\nsmoking paraphernalia to individuals under twenty-one years of age, and\nshall post in a conspicuous place a sign upon which there shall be\nimprinted the following statement, "SALE OF CIGARETTES, CIGARS, CHEWING\nTOBACCO, POWDERED TOBACCO, SHISHA OR OTHER TOBACCO PRODUCTS, HERBAL\nCIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES, ROLLING PAPERS OR\nSMOKING PARAPHERNALIA, TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS\nPROHIBITED BY LAW." Such sign shall be printed on a white card in red\nletters at least one-half inch in height.\n 3. Sale of tobacco products, herbal cigarettes, liquid nicotine,\nshisha or electronic cigarettes in such places, other than by a vending\nmachine, shall be made only to an individual who demonstrates, through\n(a) a valid driver's license or non-driver's identification card issued\nby the commissioner of motor vehicles, the federal government, any\nUnited States territory, commonwealth or possession, the District of\nColumbia, a state government within the United States or a provincial\ngovernment of the dominion of Canada, or (b) a valid passport issued by\nthe United States government or any other country, or (c) an\nidentification card issued by the armed forces of the United States,\nindicating that the individual is at least twenty-one years of age. Such\nidentification need not be required of any individual who reasonably\nappears to be at least twenty-five years of age, provided, however, that\nsuch appearance shall not constitute a defense in any proceeding\nalleging the sale of a tobacco product, herbal cigarettes, liquid\nnicotine, shisha or electronic cigarettes to an individual under\ntwenty-one years of age.\n 4. (a) Any person operating a place of business wherein tobacco\nproducts, herbal cigarettes, liquid nicotine, shisha or electronic\ncigarettes are sold or offered for sale may perform a transaction scan\nas a precondition for such purchases.\n (b) In any instance where the information deciphered by the\ntransaction scan fails to match the information printed on the driver's\nlicense or non-driver identification card, or if the transaction scan\nindicates that the information is false or fraudulent, the attempted\ntransaction shall be denied.\n (c) In a
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.