File #: Int 0981-2024    Version: * Name: Reporting on enforcement of unlicensed sellers of cigarettes, electronic cigarettes, tobacco products and illicit cannabis.
Type: Introduction Status: Committee
Committee: Committee on Finance
On agenda: 7/18/2024
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to reporting on enforcement of unlicensed sellers of cigarettes, electronic cigarettes, tobacco products and illicit cannabis
Sponsors: Gale A. Brewer, Keith Powers , Selvena N. Brooks-Powers
Council Member Sponsors: 3
Summary: This bill would update existing reporting relating to the City’s inspection and enforcement of unlicensed sellers of cigarettes, electronic cigarettes, tobacco products and illicit cannabis. Specifically, the legislation would incorporate new reporting relating to the expanded local authority to conduct inspections and enforcement of state cannabis law, and provide increased details on the outcomes of each inspection conducted by City agencies.
Attachments: 1. Summary of Int. No. 981, 2. Int. No. 981, 3. July 18, 2024 - Stated Meeting Agenda

Int. No. 981

 

By Council Members Brewer, Powers and Brooks-Powers

 

A Local Law to amend the administrative code of the city of New York, in relation to reporting on enforcement of unlicensed sellers of cigarettes, electronic cigarettes, tobacco products and illicit cannabis

 

Be it enacted by the Council as follows:

Section 1. Section 7-517 of the administrative code of the city of New York is amended to read as follows:

§ 7-517 Report on enforcement against unlicensed [controlled substance and tobacco product sellers] sellers of cigarettes, electronic cigarettes, tobacco products and illicit cannabis. a. Definitions. For the purposes of this section the following terms have the following meanings:

Cigarette. The term “cigarette” has the same meaning as set forth in section 20-201.

Electronic cigarette. The term “electronic cigarette” has the same meaning as set forth in section 20-560.

Illicit cannabis. The term “illicit cannabis” means any cannabis, sold or offered for sale, for which the seller does not possess a license pursuant to the state cannabis law [has the same meaning as set forth in section 136 of the cannabis law].

Owner. The term “owner” means the owner or owners of a premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person, firm, corporation, or other entity directly or indirectly in control of a premises.

Tobacco product. The term “tobacco product” has the same meaning as set forth in section 20-201.

Unlicensed seller. The term “unlicensed seller” means a retailer, distributor, or other seller of illicit cannabis, or cigarettes, electronic cigarettes[,] or tobacco products[, or illicit cannabis] operating without a license to sell such cigarettes, electronic cigarettes[,] or tobacco products[, or illicit cannabis].

b. [An agency designated by the mayor to compile the information detailed in this subdivision,] By October 15, 2024, and within 15 days following the end of each subsequent quarter, the sheriff’s department, in consultation with the new york city police department and department of consumer and worker protection, shall provide a [quarterly] report to the mayor and the speaker of the council, and post such report on each agency’s respective website, with respect to inspections and enforcement relating to unlicensed sellers [of cigarettes, electronic cigarettes, tobacco products and illicit cannabis in commercial locations in the previous year]. Such report shall include information on the following items for the reporting period:

1. The total number of locations where inspections related to the sale of cigarettes, electronic cigarettes, tobacco products or illicit cannabis occurred and for each such location, its address, whether the location had an active tobacco retail dealer license and whether an inspection revealed the sale of  illegal tobacco products or illicit cannabis at such location, and which agency or agencies conducted such inspection, including but not limited to the sheriff’s department, the new york city police department, and the department of consumer and worker protection;

2. For each inspection of an unlicensed seller: whether [The number of inspections in each borough in which] any cigarettes, electronic cigarettes, tobacco products, or illicit cannabis were seized [from an unlicensed seller], disaggregated by the type and aggregate weight of product seized; the amount of currency seized; and whether such location had been previously inspected and the date of such inspection;

3. The total number of civil summonses issued to unlicensed sellers, disaggregated by the specific violations cited in such summonses;

4. The total number of criminal summonses issued to unlicensed sellers, disaggregated by the specific violations cited in such summonses;

5. The total number of arrests made, disaggregated by top arrest charge; 

6.  What, if any, agency has been designated by the sheriff to implement powers granted pursuant to subdivision e of section 7-552 of the administrative code, and the length of such designation;

7. The total number of written notices or civil summonses issued to owners of the commercial premises pursuant to section 10-186; [and

7] 8. The total number of owners found to have violated subdivision b of section 10-186 in each council district [during the period]; and

9. The total number of commercial locations that were subject to each of the following enforcement actions: (i) temporary closing orders; (ii) temporary orders to seal; (iii) closing orders; and (iv) orders to seal

[c. This section shall expire and be deemed repealed on December 31, 2024.]

§ 3. This local law takes effect immediately.

JDK

LS #16626

6/20/24