Subchapter 13 - TOBACCO PRODUCT PROMOTION

Section 20-760

Section 20-760

  §  20-760  Tobacco  product  promotion  restriction.  a.  It  shall be
unlawful for any person to offer  or  cause  to  be  offered  a  tobacco
product  promotion,  as defined in section 27-508.2 of this code, to any
person younger than eighteen years of age.
  b. Any person offering or causing to  be  offered  a  tobacco  product
promotion  shall verify through a driver's license or other photographic
identification  card  issued  by  a  government  entity  or  educational
institution  that  a person to whom a tobacco product promotion has been
offered is at least eighteen years of age. Such identification need  not
be  required  of  any  individual  who reasonably appears to be at least
twenty-five years of age; provided, however, that such appearance  shall
not  constitute  a  defense in any proceeding alleging the offering of a
tobacco product promotion to an individual under eighteen years of age.
  c. A  proceeding  to  recover  any  civil  penalty  pursuant  to  this
subchapter  shall  be  commenced by the service of a notice of violation
which  shall  be  returnable  to  the  administrative  tribunal  of  the
department. The administrative tribunal of the department shall have the
power to impose civil penalties for violation of this subchapter.
  d.  Nothing in this subchapter shall be deemed to prohibit sponsorship
of or at events as set forth in section 27-508.5 of this code.

Section 20-762.

Section 20-762.

  §  20-762.  Motorized  Scooters.  a.  For  purposes of this section, a
motorized scooter  shall  have  the  definition  set  forth  in  section
19-176.2 of this code.
  b.  No  person  shall sell, lease or rent or attempt to sell, lease or
rent a motorized scooter to another person in the city of New York.
  c. Any person who violates subdivision b  of  this  section  shall  be
liable for a civil penalty of one thousand dollars for a first violation
and  a  civil  penalty  of  two  thousand  dollars  for  each subsequent
violation within one year. Each sale, lease or  rental,  or  attempt  to
sell,  lease  or  rent,  a  motorized scooter shall be deemed a separate
violation.    Authorized  employees  of  the  department,   the   police
department,  and of any other agency designated by the mayor, shall have
the authority to enforce the provisions of this section. Such  penalties
shall be recovered in a civil action or in a proceeding commenced by the
service  of  a  notice  of  hearing  that shall be returnable before the
administrative tribunal of the department. In addition,  such  violation
shall be a traffic infraction and shall be punishable in accordance with
section eighteen hundred of the New York state vehicle and traffic law.
  d.  Any  motorized  scooter  that  has  been  used or is being used in
violation of the provisions of this section may be impounded  and  shall
not  be  released until any and all removal charges and storage fees and
the applicable fines have been paid or a bond  has  been  posted  in  an
amount satisfactory to the commissioner.