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.
§ 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.