NYC’s Anti-tobacco and -vaping package passed – Update and Digest

Update – 08.11.17

On Wednesday, August 9th, The New York City Council voted to pass a package of anti-tobacco and anti-vaping ordinances. Please see the table below for a digest of each law that was passed and their effective dates.

Bill Number Description Effective Date
Int. No 0484-A – Prohibits smoking and vaping in the common areas of ALL multiple dwellings. Existing law limits this prohibition to buildings containing more than ten dwelling units. 180 days

after becoming law

Int. No 1131-B – Prohibits the sale of Tobacco and Vapor products in pharmacies.

– §3. (Effective following enactment) No pharmacies can apply for a new dealer’s license. Renewals will only be valid until Dec. 31, 2018.

Jan-01-2019
Int. No 1471-A – Increases biennial retail cigarette dealer license fee from $110 to $200. See effective dates for

Int. No 1547-A

Int. No 1532-A – (Effective 360 days after becoming law) Requires anyone selling electronic cigarettes to have an electronic cigarette retail dealer license for EACH place of business where e-cigarettes are sold.

– Prohibits pharmacies from obtaining an electronic cigarette retail dealer license.

– Establishes a 90 period that begins when the law is enacted in which existing vapor retailers are able to apply for a new license. After this 90 period, no new licenses will be issued.

– (Effective Immediately) The commissioner of consumer affairs must publicize the 90 application period to maximize awareness.

– Establishes biennial licensing fee of $200

– Establishes a community district electronic cigarette retail dealer cap. This cap will be set at HALF the number of licenses issued during the 120 period following the expiration of the 90 application period.

– Electronic retail dealer licenses are allowed to be sold but are only valid for the property that was originally licensed. Effectively, these licenses are non-transferrable.

– Establishes financial penalties for violations (Effective date: See Int. No 1544-B)

– Establishes penalties for violation and grounds for revoking licenses.

150 days

after becoming law

(see exceptions in description)

Int. No 1544-B – §3 Establishes price floors and taxes for other tobacco products (OTP). This includes a price floor for low-risk products like American moist snuff and Swedish snus which is set at $8.00. (please see the table on page 6 of the bill for more details)

– Expands the existing cigarette licenses to include OTP henceforth referred to as “tobacco dealer license.”

– Raises the price floor for cigarettes from $10.50 to $13.00.

– §17 Establishes minimum package sizes for cigarettes and OTP.

– §18 Prohibits delivery of cigarettes, OTP, and e-cigarettes by foot, bicycle, or any motor vehicle outside of a retail dealer’s place of business.

The first day of the calendar month next following the 270th day after it becomes law, provided that subdivision b of §17-704.1 of the administrative code of the city of New York, as added by §18 of this local law, takes effect 150 days after it becomes law.
Int. No 1547-A – §10, subdivision e directs the commissioner of finance to establish a community district retail dealer cap for each community district in the city. This cap will be set at HALF the total number of licenses issued excluding retail dealer licenses issued to pharmacies. 180 days

after becoming law

Int. No 1585-A – Requires owners of co-ops and condominiums to adopt and disclose smoking policies. 365 days

after becoming law

Related:

This article was originally published at CASAA
Author: Alex Clark

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