File #: Int 1176-2018    Version: * Name: Prohibiting the purchase, use and possession of tobacco products and electronic cigarettes for persons under 21 years of age.
Type: Introduction Status: Filed (End of Session)
Committee: Committee on Health
On agenda: 10/17/2018
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to prohibiting the purchase, use and possession of tobacco products and electronic cigarettes for persons under 21 years of age
Sponsors: Paul A. Vallone
Council Member Sponsors: 1
Summary: This bill, in an effort to reduce youth smoking, would prohibit any person under the age of 21 from purchasing, using or possessing tobacco products and electronic cigarettes. The penalty for a violation would be a fine of between $50 and $100.
Indexes: Agency Rule-making Required
Attachments: 1. Int. No. 1176, 2. Summary of Int. No. 1176, 3. October 17, 2018 - Stated Meeting Agenda with Links to Files, 4. Hearing Transcript - Stated Meeting 10-17-2018, 5. Minutes of the Stated Meeting - October 17, 2018

Int. No. 1176

 

By Council Member Vallone

 

A Local Law to amend the administrative code of the city of New York, in relation to prohibiting the purchase, use and possession of tobacco products and electronic cigarettes for persons under 21 years of age

 

Be it enacted by the Council as follows:

 

Section 1. Chapter 5 of title 17 of the administrative code of the city of New York is amended by adding a new section 17-503.2 to read as follows:

§ 17-503.2 Prohibitions for persons under 21 years of age. Smoking, using electronic cigarettes, using smokeless tobacco or purchasing, attempting to purchase or possessing tobacco products or electronic cigarettes is prohibited for persons under 21 years of age.

§ 2. The opening paragraph of section 17-505 of the administrative code of the city of New York, as added by local law number 2 for the year 1988, is amended to read as follows:

[The] Except as provided in section 17-503.2, the following areas shall not be subject to the smoking restrictions of this chapter; provided however, that nothing in this section shall be construed to permit smoking where smoking is otherwise prohibited or restricted by any other law or rule:

§ 3. Subdivision a of section 17-507 of the administrative code of the city of New York, as added by local law number 2 for the year 1988, is amended to read as follows:

a. The department shall enforce the provisions of this chapter except section 17-503.2. In addition, designated enforcement employees of the department of buildings, the department of consumer affairs, the department of environmental protection, the fire department and the department of sanitation shall have the power to enforce the provisions of this chapter except section 17-503.2. The police department shall enforce section 17-503.2.

§ 4. Section 17-508 of the administrative code of the city of New York is amended by adding new subdivision n to read as follows:

n. Every person who violates section 17-503.2 is liable for a civil penalty of not less than $50 or more than $100.

§ 5. This local law takes effect 180 days after it becomes law. The department of health and mental hygiene shall take any actions necessary for its implementation, including the promulgation of rules, prior to such effective date.

 

 

 

 

 

 

 

JJD

LS 1748

3/13/18