Int. No. 361
By Council Members McCaffrey, Robles and Michels; also Council Members Cruz, Fisher, Lasher and Robinson - read and referred to the Committee on Health.
A Local Law to amend the administrative code of the city of New York, in relation to creating a criminal penalty for violations of section 17-618, 17-619 or 17-620 of this code and increasing the civil penalties for violations of those sections related to the regulation of tobacco products.
Be it enacted by the Council as follows:
Section 1. Section 17-624 of the administrative code of the city of New York, as amended by local law number 83 for the year 1992, is amended to read as follows:
§17-624 Violations and penalties. a. Any person found to be in violation of section 17-618, 17-619 or 17-620 of this chapter shall be liable for a civil penalty of not more than [three hundred] one thousand dollars for the first violation: not more than [five hundred] two thousand dollars for the second violation at the same place of business within a two-year period: and not more than [one] five thousand dollars for the third and [all] each subsequent [violations] violation at the same place of business within a two-year period. In addition, for a third and [all] each subsequent [violations] violation at the same place of business within a two-year period, any person who engages in business as a retail dealer shall be subject to the mandatory suspension of his or her cigarette license for such place of business, for a period not to exceed [one year] two years. A cigarette license shall be suspended at the same hearing at which a retailer is found liable for a third violation or subsequent violations at the same place of business within a two-year period. In addition to such civil penalty as is provided herein for a violation of sections 17-618, 17-619 or 17-620, any person found to be in violation of sections 17-618, 17-619 or 17-620 shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by imprisonment not to exceed one year. Any person who shall knowingly make a false statement or who shall falsify or allow to be falsified any record or report required by section 17-621 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five hundred dollars not more than one thousand five hundred dollars, or by imprisonment not to exceed six months, or both. Any person who shall make a false statement or who shall fail to maintain any record or submit any report required by section 17-620, or who shall fail to maintain any record or submit any report required by section 17-621, shall be liable for a civil penalty of not less than three hundred dollars nor more than one thousand five hundred dollars. Any person who violates section 17-622 shall be liable for a civil penalty of not more than fifty dollars for each violation.
§2. This local law shall take effect immediately.