New York City Council Header
File #: Int 0965-2018    Version: Name: Applications for retail dealer licenses for sale of cigarettes or tobacco products.
Type: Introduction Status: Enacted
Committee: Committee on Consumer Affairs and Business Licensing
On agenda: 6/7/2018
Enactment date: 9/8/2018 Law number: 2018/161
Title: A Local Law in relation to applications for retail dealer licenses for sale of cigarettes or tobacco products
Sponsors: Rafael L. Espinal, Jr., Alicka Ampry-Samuel , Karen Koslowitz, Joseph C. Borelli
Council Member Sponsors: 4
Summary: This bill would allow businesses selling tobacco products, but not cigarettes, that have not previously registered for a tobacco retail dealer license 180 days to do so. In addition, the Department of Consumer Affairs would be required to notify the persons eligible to apply pursuant to this bill about the application process and deadline.
Indexes: Sunset Date Applies
Attachments: 1. Summary of Int. No. 965, 2. Int. No. 965, 3. Committee Report 6/21/18, 4. Hearing Testimony 6/21/18, 5. Hearing Transcript 6/21/18, 6. Hearing Transcript - Stated Meeting 6-7-18, 7. Proposed Int. No. 965-A - 8/6/18, 8. Committee Report 8/7/18, 9. Hearing Transcript 8/7/18, 10. Hearing Transcript - Stated Meeting 8-8-18, 11. Minutes of the Stated Meeting - August 8, 2018, 12. Int. No. 965-A (FINAL), 13. Fiscal Impact Statement, 14. Legislative Documents - Letter to the Mayor, 15. Local Law 161, 16. August 8, 2018 - Stated Meeting Agenda with Links to Files
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
9/12/2018ARafael L. Espinal, Jr. City Council Returned Unsigned by Mayor  Action details Meeting details Not available
9/8/2018ARafael L. Espinal, Jr. Administration City Charter Rule Adopted  Action details Meeting details Not available
8/8/2018ARafael L. Espinal, Jr. City Council Sent to Mayor by Council  Action details Meeting details Not available
8/8/2018ARafael L. Espinal, Jr. City Council Approved by CouncilPass Action details Meeting details Not available
8/7/2018*Rafael L. Espinal, Jr. Committee on Consumer Affairs and Business Licensing Hearing Held by Committee  Action details Meeting details Not available
8/7/2018*Rafael L. Espinal, Jr. Committee on Consumer Affairs and Business Licensing Amendment Proposed by Comm  Action details Meeting details Not available
8/7/2018*Rafael L. Espinal, Jr. Committee on Consumer Affairs and Business Licensing Amended by Committee  Action details Meeting details Not available
8/7/2018ARafael L. Espinal, Jr. Committee on Consumer Affairs and Business Licensing Approved by CommitteePass Action details Meeting details Not available
6/21/2018*Rafael L. Espinal, Jr. Committee on Consumer Affairs and Business Licensing Hearing Held by Committee  Action details Meeting details Not available
6/21/2018*Rafael L. Espinal, Jr. Committee on Consumer Affairs and Business Licensing Laid Over by Committee  Action details Meeting details Not available
6/7/2018*Rafael L. Espinal, Jr. City Council Referred to Comm by Council  Action details Meeting details Not available
6/7/2018*Rafael L. Espinal, Jr. City Council Introduced by Council  Action details Meeting details Not available

Int. No. 965-A

 

By Council Members Espinal, Ampry-Samuel, Koslowitz and Borelli

 

A Local Law in relation to applications for retail dealer licenses for sale of cigarettes or tobacco products

 

Be it enacted by the Council as follows:

 

Section 1. For 60 days following the effective date of this local law, subparagraph (D) of paragraph 1 of subdivision d of section 20-202 of the administrative code of the city of New York shall not apply to any applicant for a retail dealer license that (i) held a valid and current certificate of registration pursuant to paragraph (a) of subdivision 1 of section 480-a of the tax law on February 24, 2018 for use at the same address as the premises address provided by the applicant on its retail dealer license application, (ii) has not engaged in the retail sale of cigarettes at any time after February 24, 2015, and (iii) had not applied for a retail dealer license pursuant to subdivision a of section 20-202 of the administrative code of the city of New York at any time after February 24, 2015 and before February 24, 2018. For the purposes of this local law, any applicant that, after February 24, 2015, held a retail dealer license pursuant to subdivision a of section 20-202 of the administrative code of the city of New York or was found to have engaged in the retail sale of cigarettes without such license shall be deemed to have engaged in the retail sale of cigarettes.

§ 2. For any violation of subdivision a of section 20-202 of the administrative code of the city of New York issued on or after the effective date of local law 146 for the year 2017 and before 90 days after the effective date of this local law, it shall be an affirmative defense that the person issued the violation (i) applied for a retail dealer license after such effective date, (ii) has not engaged in the retail sale of cigarettes as described in section one of this local law at any time after February 24, 2015, (iii) held a valid and current certificate of registration pursuant to paragraph (a) of subdivision 1 of section 480-a of the tax law on February 24, 2018 for use at the same address at which the violation was issued, and (iv) had not applied for a retail dealer license pursuant to subdivision a of section 20-202 of the administrative code of the city of New York at any time after February 24, 2015 and before February 24, 2018. This section shall not apply to a person issued a tobacco retail dealer license pursuant to paragraph 4 of subdivision e of section 20-202 of the administrative code of the city of New York. This section shall not apply to a person whose retail dealer license application was denied after having been submitted pursuant to section one of this local law, for any violation issued after such denial. A determination by the office of administrative trials and hearings that a person meets the affirmative defense in this section shall not affect any determination of whether an applicant meets the criteria in section one of this local law or any other criteria related to an application for a retail dealer license.

§ 3. A license issued pursuant to section one of this local law shall not affect the calculation of the initial community district retail dealer cap determined by the department of consumer affairs pursuant to paragraph 1 of subdivision e of section 20-202 of the administrative code of the city of New York, or any recommendations by the department of health and mental hygiene to further reduce the community district retail dealer cap pursuant to paragraph 2 of such subdivision.

§ 4. This local law takes effect 30 days after it becomes law.

 

NB/RC

LS #6948

7-25-18