Section 27-508.1
§ 27-508.1 Short title. This article shall be known and may be cited
as the "Youth Protection Against Tobacco Advertising and Promotion Act."
Section 27-508.2
§ 27-508.2 Definitions. For the purposes of this article, the
following terms shall be defined as follows:
a. "Amusement arcade" means any enclosed business establishment, open
to the public, whose primary purpose is the operation of coin-operated
amusement devices within the meaning of subchapter three of chapter two
of title 20 of this code.
b. "Child day care center" means (i) any child care arrangement,
public, private or parochial child care center, school-age child care
program, day nursery school, kindergarten, play school or other similar
school or service operating pursuant to authorization, license or permit
of the city or state, (ii) any facility that provides child care
services as defined in section four hundred ten-p of the New York state
social services law, or (iii) any child day care center as defined in
section three hundred ninety of the New York state social services law.
The definition of "child day care center" applies whether or not care is
given for compensation but does not include child day care centers
located in private dwellings and multiple dwelling units.
c. "Cigarette" means any product which consists of (i) any roll of
tobacco wrapped in paper or in any substance not containing tobacco or
(ii) any roll of tobacco wrapped in any substance containing tobacco
which, because of its appearance, the type of tobacco used in the
filler, or its packaging and labeling is offered for use or purchase by
consumers as a cigarette described in (i) of this subdivision.
d. "Cigarette tobacco" means any product that consists of loose
tobacco and is intended for use by consumers in a cigarette.
e. "Multiple dwelling" means any building or structure that may
lawfully be occupied as the residence or home of three or more families
living independently of each other.
f. "Multiple dwelling unit" means any unit of residential
accommodation in a multiple dwelling.
g. "Person" means any natural person, partnership, co-partnership,
firm, company, corporation, limited liability corporation, agency as
defined in section eleven-hundred fifty of the New York city charter,
association, joint stock association or other legal entity.
h. "Playground" means any outdoor premises or grounds owned or
lawfully operated by or on behalf of, the board of education, the
department of parks and recreation, or any public, private or parochial
school, any child day care center or any youth center, which contains
any device, structure or implement, fixed or portable, used or intended
to be used by persons under the age of eighteen for recreational or
athletic purposes including, but not limited to, play equipment such as
a sliding board, swing, jungle gym, sandbox, climbing bar, wading pool,
obstacle course, swimming pool, seesaw, baseball diamond, athletic
field, or basketball court.
i. "Private dwelling" means any building or structure or portion
thereof that may lawfully be occupied for residential purposes by not
more than two families, including the grounds of such building or
structure.
j. "School building" means any building or structure or any portion
thereof, owned, occupied by, or under the custody or control of any
public, private or parochial institution and lawfully used for the
primary purpose of providing educational instruction to students at or
below the twelfth grade level.
k. "Smokeless tobacco" means any product that consists of cut, ground,
powdered, or leaf tobacco that is intended to be placed by the consumer
in an oral cavity.
l. "Tobacco product" means a cigarette, smokeless tobacco or cigarette
tobacco.
m. "Tobacco product advertisement" means any written word, picture,
logo, symbol, motto, selling message, poster, placard, sign, photograph,
device, graphic display or visual image of any kind, recognizable color
or pattern of colors, or any other indicia of product identification
identical or similar to, or identifiable with, those used for any brand
of tobacco product, or any combination thereof, the purpose or effect of
which is to promote the use or sale of a tobacco product through such
means as, but not limited to, the identification of a brand of a tobacco
product, a trademark of a tobacco product or a trade name associated
exclusively with a tobacco product.
n. "Tobacco product promotion" means (i) any item or service marketed,
licensed, sold or distributed, whether indoors or outdoors, which is not
a tobacco product but which bears the brand of a tobacco product, a
trademark of a tobacco product or a trade name associated exclusively
with a tobacco product, alone or in conjunction with any written word,
picture, logo, symbol, motto, selling message, poster, placard, sign,
photograph, device, graphic display or visual image of any kind,
recognizable color or pattern of colors, or any other indicia of product
identification identical or similar to, or identifiable with those used
for any brand of a tobacco product, or (ii) any gift or item other than
a tobacco product offered or caused to be offered to any person
purchasing a tobacco product in consideration of the purchase thereof,
or to any person in consideration of furnishing evidence, such as
credits, proofs-of-purchase, or coupons, of such purchase; provided,
however, that a tobacco product promotion shall not include any gift or
item provided through the exchange or redemption through the mail of any
such credits, proofs-of-purchase, coupons or other evidence of the
purchase of a tobacco product.
o. "Youth center" means any building or structure or portion thereof,
lawfully occupied by any person for the primary purpose of operating a
trade school (including those conducting after-school, vocational,
remedial, tutorial, educational assistance programs) or an indoor
recreational center (including recreational, cultural, physical fitness,
or sports programs) for persons under the age of eighteen years, and
which has been certified as such to the department in accordance with
the procedure to be set by the department. Such certification shall be
accepted by the department but nothing in this subdivision shall prevent
the commissioner from removing a certified youth center from
consideration as a youth center if she or he determines it does not meet
the criteria of a youth center.
Section 27-508.3
§ 27-508.3 Tobacco product advertisement restriction. a. It shall be
unlawful for any person to place, cause to be placed, to maintain or to
cause to be maintained, a tobacco product advertisement within one
thousand feet, in any direction, of any school building, playground,
child day care center, amusement arcade or youth center, in any outdoor
area including, but not limited to, billboards, roofs and sides of
buildings, rolling shutters or gates, any enclosures into which rolling
shutters or gates retract, water tanks and towers and free-standing
signboards; provided, however, that any tobacco product advertisement on
an awning projecting from the outside of a premises as of July 1, 1997
where tobacco products are sold or offered for sale may be retained
until two years from the effective date of this law.
b. It shall be unlawful for any person to place, cause to be placed,
to maintain, or cause to be maintained, a tobacco product advertisement
in the interior of a building or structure which is within one thousand
feet, in any direction, of any school building, playground, child day
care center, amusement arcade or youth center, when such advertisement
is within five feet of any exterior window or any door which is used for
entry or egress by the public to the building or structure; provided,
however, that tobacco product advertisements may be placed or maintained
in the interior of any such premises where such advertisements are (i)
parallel to the street and face inward, or (ii) affixed to a wall panel
or similar fixture that is perpendicular to the street regardless of
whether such advertisements are illuminated or not illuminated.
c. Nothing in this section shall prevent a person from placing,
causing to be placed, maintaining, or causing to be maintained, a single
sign, poster, placard or label no larger than six square feet and
containing only black text, in any language, not exceeding eight inches
in height on a white background stating "TOBACCO PRODUCTS SOLD HERE" or
such words translated into any language, within ten feet of an entrance
to the premises where tobacco products are sold or offered for sale.
d. Nothing in this section shall prevent a tobacco product
manufacturer, distributor or retailer from placing, causing to be
placed, maintaining or causing to be maintained, its corporate or other
business name on a building or structure, in any location, where such
building or structure or a portion thereof is owned, operated or leased
by such manufacturer, distributor or retailer and that building or
structure is the principal place of business of such manufacturer,
distributor or retailer in the city of New York; provided, however, that
the corporate or other business name of such manufacturer, distributor
or retailer is registered or filed in the United States or such
manufacturer, distributor or retailer is authorized to do business in
any state, and the corporate or business name of such manufacturer,
distributor or retailer does not include any brand name or trademark of
a tobacco product, alone or in conjunction with any written word,
picture, logo, symbol, motto, selling message, poster, placard, sign,
photograph, device, graphic display or visual image of any kind,
recognizable color or pattern of colors, or any other indicia of product
identification identical or similar to, or identifiable with, those used
for any brand of a tobacco product.
e. This section shall not apply to any tobacco product advertisement
on a motor vehicle. Nothing in this subdivision shall be construed to
authorize the placement of a tobacco product advertisement in a location
where such placement is otherwise prohibited by the rules of the
department of transportation or other applicable law.
Section 27-508.4
§ 27-508.4 Non-compliant advertisements to be removed. The owner,
operator or lessee of any location or premises where a tobacco product
advertisement is prohibited or restricted pursuant to the requirements
of section 27-508.3 of this article shall have thirty days from the
effective date of the local law that added this section to remove any
non-compliant tobacco product advertisements.
Section 27-508.5
§ 27-508.5 Sponsorship of and at events. Nothing in this article shall
prevent a tobacco products manufacturer, distributor, or retailer who
sponsors, in whole or in part, any athletic, musical, artistic, or
cultural event, or team or entry in a competition or exhibition in any
location from displaying or causing to be displayed the corporate or
other business name of such sponsor; provided, however, that the
corporate or other business name of such sponsor is registered or filed
in the United States or such sponsor is authorized to do business in any
state, and the corporate or other business name of such sponsor does not
include any brand name or trademark of a tobacco product, alone or in
conjunction with any written word, picture, logo, symbol, motto, selling
message, poster, placard, sign, photograph, device, graphic display or
visual image of any kind, recognizable color or pattern of colors, or
any other indicia of product identification identical or similar to, or
identifiable with, those used for any brand of a tobacco product.
Section 27-508.6
§ 27-508.6 Injunctive relief. Whenever any person has engaged in any
act or practice which constitutes a violation of any provision of this
article or of chapter thirteen of title eleven of this code, or of
subchapter one of chapter two of title twenty of this code, or of any
rule promulgated thereunder, the city may make application to a court of
competent jurisdiction for an order enjoining such act or practice.
Section 27-508.7
§ 27-508.7 Penalties. Notwithstanding the provisions of sections
26-122, 26-125 and 26-248 of this code, a violation of this article
shall not subject any person to liability for a criminal offense.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.