Professional Documents
Culture Documents
and rules.
All laws and rules of the City of New York, including the Consumer Protection Law and Rules, are
available through the Public Access Portal, which businesses can access by visiting
www.nyc.gov/consumers.
Please note that businesses are responsible for knowing and complying with the most current laws,
including any City Council amendments. The Department of Consumer Affairs (DCA) is not responsible
for errors or omissions in the handout provided in this packet. The information is not legal advice. You
can only obtain legal advice from a lawyer.
Current as of October 25, 2017 (through Local Law 191 of 2017)
Included in this Packet are:
1
As amended by Local Law 145 of 2017 § 15, effective June 1, 2018.
2
As amended by Local Law 145 of 2017 § 15, effective June 1, 2018.
3
As amended by Local Law 146 of 2017 § 2, effective Feb. 24, 2018.
4
As amended by Local Law 146 of 2017 § 3, effective Feb. 24, 2018.
5
As amended by Local Law 146 of 2017 § 4, effective Feb. 24, 2018.
6
Local Law 191 of 2017 § 4, effective April 14, 2018.
§ 17–701 Short title. This subchapter shall be known and may be cited as the "Tobacco Product
Regulation Act."
§ 17–702 Definitions. For purposes of this subchapter, the following terms shall be defined as follows:
a. "Affiliated company" means any business entity which is the holder of a right to place or display
advertisements in or on a unit of advertising space and which has a relationship with a holder of a right
to place or display advertisements in or on another unit of advertising space; such relationship shall be
an identity of all principal owners or all directors; provided, however, that only entities which are
holders of a right to place or display advertisements on the same type of units of advertising space shall
be considered affiliated companies for purposes of this subchapter.
b. "Authorizing agency" means the agency or other unit of local government of the city of New York
which is (i) acting on behalf of the city with respect to a written agreement between the city and a
private party which allows the placement or display of advertisements in or on a unit of advertising
space; (ii) any agency designated by the mayor as having responsibility for a unit of advertising space
that is the subject of a written agreement with the city which allows the placement or display of
advertisements in or on such unit; or (iii) the issuer of a license or permit that expressly grants the right
to place or display advertisements in or on a unit of advertising space. In the event that there is no
authorizing agency as defined by this subdivision for a unit of advertising space, the authorizing agency
for such unit shall be the agency with the primary expertise in the subject area covered by the written
agreement with the city which allows the placement or display of advertisements in or on such unit.
c. "Cigarette license" means the license issued pursuant to section 11–1303 or 20–202 of the code. 7
d. "City of New York" or "city" means the city of New York or any of its agencies or other unit of local
government.
e. "Employee" means any person who provides services for the payment of direct or indirect monetary
wages or profit, or any person who volunteers his or her services without monetary compensation.
f. "For-hire vehicle" means "for-hire vehicle" as defined in section 19–502 of the code.
g. "For-hire vehicle base" means a place of business from which for-hire vehicles are dispatched.
h. "Instrumentality of public transportation" means buses operated pursuant to a franchise or consent
issued by or from the city of New York, ferries and ferry terminals owned or operated by the city of
New York, trams and their appurtenances, bus stop shelters and licensed vehicles as defined in section
19–502 of the code.
i. "Person" means any natural person, partnership, corporation, government agency, association or other
legal entity.
j. "Public health message" means words, pictures, photographs, symbols, graphics or visual images of
any kind, or any combination thereof, the primary purpose of which is to communicate the health risks
of tobacco product use or the health benefits of not using tobacco products.
7
As amended by Local Law 146 of 2017 § 5, effective Feb. 24, 2018.
8
As amended by Local Law 145 of 2017 § 16, effective June 1, 2018.
§ 17-703 License Required. It shall be unlawful for a person to engage in any act as a wholesale dealer
without a license as prescribed in section 11-1303 of the code, or engage in any act as a retail dealer
without a license as prescribed in section 20-202 of the code.
§ 17-703.1 Sign required. A retail dealer shall post a sign in a conspicuous place at the point of sale of
cigarettes or at the place where cigarettes are displayed or offered for sale stating that cigarettes sold in
the city of New York must be in packages bearing valid tax stamps.
9
As amended by Local Law 144 of 2017 § 2, effective Jan. 25, 2018.
10
As amended by Local Law 191 of 2017 § 1, effective April 14, 2018.
11
As amended by Local Law 145 of 2017 § 17, effective June 1, 2018.
§ 17-706 Sale of cigarettes, tobacco products, liquid nicotine, 13 [or] electronic cigarettes, or non-
tobacco smoking products to minors and young adults prohibited..
a. Any person operating a place of business wherein cigarettes, tobacco products, or liquid nicotine[, or
electronic cigarettes] are sold or offered for sale is prohibited from selling such cigarettes, tobacco
products, or liquid nicotine[, or electronic cigarettes] to individuals under twenty-one years of age. Sale
of cigarettes, tobacco products, or liquid nicotine[, or electronic cigarettes] in such places shall be made
only to an individual who demonstrates, through a driver's license or other photographic identification
card issued by a government entity or educational institution, that the individual is at least twenty-one
years of age. Such identification need not be required of any individual who reasonably appears to be at
least thirty years of age, provided, however, that such appearance shall not constitute a defense in any
proceeding alleging the sale of cigarettes, tobacco products, or liquid nicotine[, or electronic cigarettes]
to an individual under twenty-one years of age. 14
a-1. Any person operating a place of business wherein electronic cigarettes are sold or offered for sale is
prohibited from selling such electronic cigarettes to individuals under twenty-one years of age. Sales of
electronic cigarettes in such places shall be made only to an individual who demonstrates, through a
driver’s license or other photographic identification card issued by a government entity or educational
institution, that the individual is at least twenty-one years of age. Such identification need not be
required of any individual who reasonably appears to be at least thirty years of age, provided, however,
that such appearance shall not constitute a defense in any proceeding alleging the sale of electronic
cigarettes to an individual under twenty-one years of age. 15
b. Any person operating a place of business wherein non-tobacco [shisha, pipes, or rolling
papers] smoking products are sold or offered for sale is prohibited from selling such non-tobacco
[shisha, pipes, or rolling papers] smoking products to individuals under [eighteen] twenty-one years of
age. Sale of non-tobacco [shisha, pipes, or rolling papers] smoking products in such places shall be
made only to an individual who demonstrates, through a driver's license or other photographic
identification card issued by a government entity or educational institution, that the individual is at least
[eighteen] twenty-one years of age. Such identification need not be required of any individual who
reasonably appears to be at least [twenty-five] thirty years of age, provided, however, that such
appearance shall not constitute a defense in any proceeding alleging the sale of non-tobacco [shisha,
pipes, or rolling papers] smoking products to an individual under [eighteen] twenty-one years of age.
c. Any person operating a place of business wherein cigarettes, tobacco products, liquid nicotine,
electronic cigarettes, [herbal cigarettes, non-tobacco shisha, pipes, or rolling papers] or non-tobacco
smoking products are sold or offered for sale shall post in a conspicuous place a sign, in accordance with
12
Added by Local Law 145 of 2017 § 18, effective June 1, 2018.
13
“liquid nicotine” appears in Local Law 191 of 2017, but not as added text.
14
As amended by Local Law 144 of 2017 § 3, effective Jan. 25, 2018.
15
Added by Local Law 144 of 2017 § 4, effective Jan. 25, 2018.
§ 17–707 Public health messages required where tobacco advertisements appear on certain properties.
Repealed
§ 17–708 Use of tobacco products on school premises prohibited. It shall be unlawful for any person
to use a tobacco product, including chewing tobacco, on school premises at any time.
§ 17-709 Enforcement. The department of health and mental hygiene and the department of finance
shall enforce the provisions of this subchapter. The department of consumer affairs shall enforce
sections 17-703, 17-703.1, 17-704, 17-704.1, 17-705 and 17-706 [of this subchapter]. In addition,
designated enforcement employees of any authorizing agency shall have the power to enforce the
provisions of this subchapter. 17
§ 17-709.1 Rules. The commissioner of the department and the commissioner of finance shall
promulgate any rules as may be necessary for the purposes of carrying out the provisions of this
subchapter.
16
As amended by Local Law 191 of 2017 § 2, effective April 14, 2018.
17
As amended by Local Law 145 of 2017 § 19, effective June 1, 2018.
18
As amended by Local Law 144 of 2017 § 5 & Local Law 145 of 2017 § 20, effective June 1, 2018.
19
As amended by Local Law 145 of 2017 § 21, effective June 1, 2018.
20
As amended by Local Law 145 of 2017 § 22, effective June 1, 2018.
§ 17–711 Report. Not later than twelve months after the effective date of the local law that added this
section and each year thereafter, the department shall submit a report to the mayor and the city council
concerning the administration and enforcement of this subchapter.
§ 17–712 Construction. Nothing contained in this subchapter shall be construed to preclude the city of
New York from prohibiting the placement or display of tobacco advertisements in or on units of
advertising space.
Subchapter 2: Regulation of the Sale Of Herbal Cigarettes and Flavored Tobacco Products
§ 17–713 Definitions. Whenever used in this subchapter, the following terms shall be defined as
follows:
a. "Cigarette" means any roll for smoking made wholly or in part of tobacco or any other
substance, irrespective of size or shape and whether or not such tobacco or substance is flavored,
adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper or any
other substance or material but is not made in whole or in part of tobacco.
21
As amended by Local Law 145 of 2017 § 22, effective June 1, 2018.
22
Local Law 191 of 2017 § 3, effective April 14, 2018.
23
Local Law 191 of 2017 § 4, effective April 14, 2018.
§ 17-717 Enforcement. The department, the department of consumer affairs and the department of
finance shall enforce the provisions of this subchapter. A proceeding to recover any civil penalty
authorized pursuant to section 17-716 [of this subchapter] shall be commenced by the service of a notice
of violation returnable to the [health tribunal at the] office of administrative trials and hearings acting
pursuant to section 558 and subdivision 2 of section 1048 of the charter where the department issues
such a notice or to the [adjudication division of the department of consumer affairs] office of
administrative trials and hearings acting pursuant to section 2203 and subdivision 2 of section 1048 of
the charter where [such] the department of consumer affairs issues such a notice or to an adjudication
division of the department of finance or the administrative tribunal selected by the commissioner of
finance where the department of finance issues such notice. The notice of violation or copy thereof when
filled in and served shall constitute notice of the violation charged. Such notice shall contain a statement
that any hearing for a third violation or subsequent violation of section 17-715 [of this subchapter] at the
same place of business within a three-year period shall also constitute a hearing for the suspension of a
retail dealer's [cigarette] license where the retail dealer is found to be in violation of such section. The
[health tribunal at the] office of administrative trials and hearings acting pursuant to section 558 and
subdivision 2 of section 1048 of the charter, the [adjudication division of the department of consumer
affairs] office of administrative trials and hearings acting pursuant to section 2203 and subdivision 2 of
section 1048 of the charter and an adjudication division of the department of finance or the
administrative tribunal selected by the commissioner of finance shall have the power to render decisions
and to impose the remedies and penalties provided for in section 17-716 [of this subchapter], in addition
to any other remedies or penalties provided for the enforcement of such provisions under any other law
24
As amended by Local Law 146 of 2017 § 6, effective Feb. 24, 2018; Local Law 191 of 2017 § 1, effective April 14, 2018.
§ 17-718 Rules. The commissioner of the department, the commissioner of consumer affairs and the
commissioner of finance shall promulgate any rules as may be necessary for the purposes of carrying out
the provisions of this subchapter.
25
As amended by Local Law 146 of 2017 § 7, effective Feb. 24, 2018.
Chapter 2: Licenses
Subchapter 1: Retail Cigarette Dealers
Section 20-201: Definitions.
Section 20-202. License.
Section 20-203. Recordkeeping and examination.
Section 20-204. Duplicate licenses.
Section 20-205. Prohibited sales and purchases.
Section 20-206. Renewal, suspension and revocation of licenses.
Section 20-207. Violations.
Subchapter 35: Electronic Cigarette Retail Dealers
Section 20-560 Definitions.
Section 20–561 License.
Section 20-562 Violations.
§ 20-201. Definitions.
Whenever used in this subchapter:
Agent. The term “agent” means any person authorized to purchase and affix adhesive or meter
stamps under chapter 13 of title 11 who is designated as an agent by the commissioner of
finance.
Cigarette. The term “cigarette" means any roll for smoking made wholly or in part of tobacco or
any other substance, irrespective of size or shape and whether or not such tobacco or substance is
flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made
of paper or any other substance or material but is not made in whole or in part of tobacco.
Commissioner of finance. The term “commissioner of finance” means the commissioner of
finance of the city.
Community district. The term “community district” means a community district established
pursuant to chapter 69 of the charter.
Community district retail dealer cap. The term “community district retail dealer cap” means the
maximum number of retail dealers permitted to obtain a license to sell cigarettes or tobacco
products within a community district.
Dealer. The term “dealer” means any wholesale dealer or retail dealer as hereinafter defined.
26
As amended by Local Law 146 of 2017 § 8, effective Feb. 24, 2018.
§ 20-202. License.
a. License required of retail dealers.
1. It shall be unlawful for any person to engage in business as a retail dealer without first having
obtained a license as hereinafter prescribed for each place of business wherein such person sells
cigarettes or tobacco products in the city.
2. It shall be unlawful for a person to permit any premises under such person's control to be used
by any other person in violation of paragraph 1 of subdivision a of this section.
27
As amended by Local Law 146 of 2017 § 9 & Local Law 142 § 2, effective Feb. 24, 2018.
28
Added by Local Law 142 of 2017 § 3. Effective immediately, a pharmacy may not apply for a new tobacco retail dealer
license. Pharmacies that currently hold cigarette retail dealer licenses may renew their licenses, provided that such license
shall be valid only until December 31, 2018. The fee described in paragraph 1 of subdivision c of section 20-202 of the
administrative code of the city of New York shall be pro-rated for any such renewal as needed. Id. at § 4.
29
As amended by Local Law 143 of 2017, effective Feb. 24, 2018.
30
As amended by Local Law 146 of 2017 § 10, effective Feb. 24, 2018.
b. In addition to the commissioner's power to refuse to renew, suspend or revoke a license as provided in
subdivision a of this section, the commissioner shall be authorized to refuse to renew any license
required under this subchapter and may suspend or revoke such license upon the notification by the
commissioner of finance that the person holding such license, or, where applicable, any of its officers,
principals, directors, employees, members, managers, or stockholders owning more than ten percent of
the outstanding stock of the corporation, has been found to have violated any provision of chapter
thirteen of title eleven of this code, or of chapter forty of title eleven of this code relating to cigarette
sales.
c. Upon suspending or revoking any retail cigarette license, the commissioner shall direct the holder
thereof to surrender to the commissioner immediately any cigarette retail license or duplicates thereof
issued to such holder for such place of business and the holder shall surrender promptly all such licenses
to the commissioner as directed.
§ 20-207. Violations.
a. The civil penalties imposed pursuant to this section shall be in addition to any other sanctions and
orders which may be imposed by the commissioner pursuant to this title including, but not limited to,
such sanctions and orders which may be imposed pursuant to section 20-105 or to title 11 or title 17 of
this code or pursuant to such other law the commissioner is authorized to enforce under this code. The
31
As amended by Local Law 191 of 2017 § 6, effective April 14, 2018.
SUBCHAPTER 35 33
§ 20-560 Definitions.
As used in this subchapter, the following terms have the following meanings:
Electronic cigarette. The term “electronic cigarette” means a battery-operated device that heats a
liquid, gel, herb, and/or other substance and delivers vapor for inhalation. Electronic cigarette
shall include any refill, cartridge, and any other component of an electronic cigarette.
Electronic cigarette retail dealer. The term “electronic cigarette retail dealer” means any person
engaged in the retail sale of electronic cigarettes. For the purposes of this subchapter, the
possession or transportation at any one time of more than 20 electronic cigarettes by any person
other than a manufacturer or a person delivering electronic cigarettes in the regular course of
business for a manufacturer or electronic cigarette retail dealer, shall be presumptive evidence
that such person is an electronic cigarette retail dealer.
Good standing. The term “good standing” means any electronic cigarette retail dealer that has
not been found to have violated subdivision b of section 17-704.1 or subdivision a-1 of section
17-706 on more than one day during the previous three consecutive years.
Person. Notwithstanding sections 1-112 and 20-102 of the code, the term “person” means any
individual, partnership, society, association, joint-stock company, corporation, limited liability
company, estate, receiver, trustee, assignee, referee or any other person acting in a fiduciary or
representative capacity, whether appointed by a court or otherwise, and any combination of
individuals.
32
As amended by Local Law 146 of 2017 § 11, effective Feb. 24, 2018.
33
Added by Local Law 144 of 2017 § 6, effective Jan. 25, 2018, except as otherwise noted.
§ 20–561 License.
a. License required of electronic cigarette retail dealers.
1. It shall be unlawful for any person to engage in business as an electronic cigarette retail dealer
without first having obtained a license as hereinafter prescribed for each place of business wherein such
person engages in the retail sale of electronic cigarettes in the city. 34
2. It shall be unlawful for a person to permit any premises under such person's control to be used
by any other person in violation of paragraph 1 of subdivision a of this section.
3. It shall be unlawful for a pharmacy to obtain a license to engage in business as an electronic
cigarette retail dealer.
b. License application.
1. In order to obtain a license to engage in business as an electronic cigarette retail dealer, a
person shall file an application with the commissioner for a license for each place of business that such
person desires to have for the retail sale of electronic cigarettes in the city. The application for each
license or renewal thereof shall be made upon such form as prescribed by the commissioner and shall
contain such information as the commissioner shall require.
2. The commissioner shall commence accepting applications for licenses to engage in business as
an electronic cigarette retail dealer on the effective date of the local law that added this section, and shall
continue accepting applications for 90 days following such commencement.
(a) During the 90 day application period, the commissioner shall only accept applications
for licenses to engage in business as an electronic cigarette retail dealer from persons who have been
engaged in the retail sale of electronic cigarettes as of the date of enactment of this subchapter.
(b) The commissioner may require proof of such engagement from applicants during the
90 day application period.
3. The commissioner shall not accept applications after the expiration of the 90 day application
period unless the commissioner determines that acceptance of such applications would not result in the
issuance of a license in excess of the community district electronic cigarette retail dealer cap established
pursuant to paragraph 1 of subdivision e of this section.
c. Fee and license term.
1. There shall be a biennial fee of $200 for a license to engage in the business of an electronic
cigarette retail dealer at each place of business where electronic cigarettes are sold in the city.
2. All even-numbered licenses shall expire on November 30 of the even-numbered year, and all
odd-numbered licenses shall expire on November 30 of the odd-numbered year, next succeeding the
year in which the license is issued.
34
Effective Aug. 23, 2018. See Local Law 144 of 2017 § 9.
35
Effective Aug. 23, 2018. See Local Law 144 of 2017 § 9.
§ 20-562 Violations.
a. In addition to the civil penalties authorized by section 17-710 for a violation of subdivision b of
section 17-704.1 or of subdivision a-1 of section 17-706, an electronic cigarette retail dealer license shall
be revoked for a second violation of subdivision b of section 17-704.1 or subdivision a-1 of section 17-
706 involving the unlawful delivery or sale of electronic cigarettes occurring on different days at the
same place of business within a three-year period. Any violation of subdivision b of section 17-704.1 or
subdivision a-1 of section 17-706 involving the unlawful delivery or sale of electronic cigarettes by any
license holder at a place of business shall be included in determining the number of violations by such
license holder and by any subsequent license holder at the same place of business unless the subsequent
license holder provides the commissioner with adequate documentation demonstrating that the
subsequent license holder acquired the premises or business through an arm's length transaction and that
the sale or lease was not conducted, in whole or in part, for the purpose of permitting the original
licensee to avoid the effect of violations on the premises. An electronic cigarette retail dealer license
shall be revoked at the same hearing at which an electronic cigarette retail dealer is found liable for a
second violation or subsequent violations at the same place of business within a three-year period.
b. For the purposes of this subdivision, the term “arm’s length transaction” shall have the same
definition as contained in subdivision d of section 20-202.
§2-11. Required Periodic Retraining Programs and Proof of Satisfactory Completion of Such
Program.
A periodic retraining program qualifies as an alternative for the monitoring of the performance of
persons working in a retail cigarette dealer licensee's place of business as provided in section 17-
624(f)(3) of the Administrative Code of the City of New York only if it is conducted by a tobacco sales
training program certified by the New York State Department of Health in accordance with subsection 6
of section 1399-ee of the Public Health Law. Such a training program must issue a certificate of
completion to each person who successfully completed training. The retail dealer also must demonstrate
that the person who committed the violation held a valid certificate of completion from the state certified
sales training program at the time of the violation.
§13-02. Prohibition on the sale of cigarettes or tobacco products for less than the listed price.
(a) Pursuant to subdivision (a) of §17-176.1 of the Administrative Code, the listed price is the price
listed for cigarettes or tobacco products on their packages or on any related shelving, posting,
advertising or display at the place where the cigarettes or tobacco products are sold or offered for sale,
including all applicable taxes.
(b) “All applicable taxes” includes excise taxes and sales taxes.
(c) For cigarettes and tobacco products subject to §20-708 of the Administrative Code, the listed price
must specify the price exclusive of sales tax and the amount of sales tax to be charged.
(d) Paragraph four of subdivision (b) and paragraph four of subdivision (c) of §17-176.1 of the
Administrative Code prohibit the sale of cigarettes or tobacco products to a consumer for less than the
listed price, but does not prohibit a person from:
(i) changing the listed price; or
(ii) informing customers that the listed price has changed.
§13-06. Signage.
(a) Age restriction sign. Pursuant to subdivision (c) of §17-706 of the Administrative Code, any person
operating a place of business where cigarettes, tobacco products, electronic cigarettes, herbal cigarettes,
non-tobacco shisha, pipes, or rolling papers are sold or offered for sale must post in a conspicuous place
a sign, printed on a white card in bold red letters that are at least one-half inch in height and capitalized
as indicated below, which states:
(b) Cigarette tax stamp sign. Pursuant to §17-703.1 of the Administrative Code, a retail dealer must post,
in a conspicuous place at the point of sale of cigarettes or at the place where cigarettes are displayed or
offered for sale, a sign that complies with the requirements of this subdivision. The sign must be printed
on a white card in bold red letters that are at least one-half inch in height and capitalized as indicated
below. The sign must include images of the current New York City and New York State tax stamp and a
pack of cigarettes with a New York City and New York State tax stamp on the bottom of the pack, and
must state:
The sign must also include the contact number for the Sheriff’s hotline for reporting potential violations,
available on the New York City Department of Consumer Affairs website.
CHAPTER 28
RESTRICTION ON THE SALE OF CERTAIN FLAVORED TOBACCO PRODUCTS
§ 28-05. Enforcement.
(a) The Department and the Department of Consumer Affairs shall enforce the provisions of the Act and
these rules.
(b) Violations of this Act shall be punishable as provided by the Act. Violations of these rules which are
not also violations of the Act shall be subject to a penalty not to exceed one thousand dollars ($1,000), in
accordance with § 555(b)(2) of the New York City Charter.
(c) Where a person is found to have violated the Act or these rules, the Department or the Department of
Consumer Affairs shall commence a proceeding to recover any civil penalty authorized pursuant to §
17-716 of the Act by the service of a notice of violation returnable to the Administrative Tribunal
established by the Board of Health where the Department issues such a notice or to the adjudication
division of the Department of Consumer Affairs where such department issues such notice.
§ 28-07. Construction.
If any provision of this Chapter is adjudged invalid by any court of competent jurisdiction, such
judgment shall not affect or impair the validity of the remainder of this chapter.