What's happening
This bill increases penalties for tobacco sales violations, including longer license revocations and mandatory liquor license revocation for repeat offenders.
Why it matters
Significantly increases the consequences for repeat violations. By changing the revocation period from one year to three years and lowering the number of violations needed for such penalties, the bill raises the stakes for retailers, making compliance with tobacco regulations much more critical to their business continuity.
Expands the scope of offenses leading to severe penalties. The bill not only covers violations related to public health law but also includes repeat violations of specific tax law sections, broadening the circumstances under which a retailer can lose their license.
Connects tobacco and alcohol licensing in enforcement. If a retailer’s tobacco license is revoked, their liquor license must also be revoked, meaning a single set of violations can now jeopardize multiple revenue streams, increasing the deterrence effect for store owners.
Extends the penalty timeframe. By expanding the look-back period for violations from three to five years, the bill makes it harder for repeat offenders to “age out” of past penalties, increasing long-term accountability for retailers.
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Who cares
Headline styles
Increase Tobacco Sales Penalties
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to economic development
- Referred to economic development
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4973
2019-2020 Regular Sessions
IN ASSEMBLY
February 6, 2019
Introduced by M. of A. CYMBROWITZ -- read once and referred to the Committee on Economic Development
AN ACT to amend the tax law and the alcoholic beverage control law, in relation to penalties for violations relating to the sale of cigarettes and tobacco products
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph 2 of subdivision h of section 1607 of the tax law, as amended by chapter 162 of the laws of 2002, is amended and a new paragraph 3 is added to read as follows:
2. A license shall be revoked for [one year] three years upon notification to the division by the commissioner of health of a lottery sales agent's [fourth] second violation of article thirteen-F of the public health law, or a second violation of section eighteen hundred fourteen of this chapter, within a [three] five year period.
3. The division must revoke a license for a minimum of three years for a second suspension or any revocation of a retail license pursuant to section four hundred eighty-a of this chapter.
§ 2. Section 119 of the alcoholic beverage control law is amended by adding a new subdivision 6 to read as follows:
6. The liquor authority must revoke a retail license or permit for sale at a premises licensed upon notification to the liquor authority by the commissioner of taxation and finance of a revocation of a license to sell cigarettes or tobacco products pursuant to section four hundred eighty-a of the tax law.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09366-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.