NYC Administrative Code

§ 17-706 — Sale of cigarettes, tobacco products, liquid nicotine, electronic cigarettes, or non-tobacco smoking products to minors and young adults prohibited.

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What is NYC AC § 17-706?

Quick Answer

This section prohibits the sale of cigarettes, tobacco products, liquid nicotine, electronic cigarettes, and non-tobacco smoking products to individuals under twenty-one years of age. It requires sellers to verify age through valid identification and mandates the posting of age requirement signs. Applies to businesses selling these products.

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§ 17-706 Sale of cigarettes, tobacco products, liquid nicotine, electronic cigarettes, or non-tobacco smoking products to minors and young adults prohibited.

AC § 17-706

a. Any person operating a place of business wherein cigarettes, tobacco products, or liquid nicotine are sold or offered for sale is prohibited from selling such cigarettes, tobacco products, or liquid nicotine to individuals under twenty-one years of age. Sale of cigarettes, tobacco products, or liquid nicotine in such places shall be made only to an individual who demonstrates, through a driver's license or other photographic identification card issued by a government entity or educational institution, that the individual is at least twenty-one years of age. Such identification need not be required of any individual who reasonably appears to be at least thirty years of age, provided, however, that such appearance shall not constitute a defense in any proceeding alleging the sale of cigarettes, tobacco products, or liquid nicotine to an individual under twenty-one years of age. a-1. Any person operating a place of business wherein electronic cigarettes are sold or offered for sale is prohibited from selling such electronic cigarettes to individuals under twenty-one years of age. Sales of electronic cigarettes in such places shall be made only to an individual who demonstrates, through a driver's license or other photographic identification card issued by a government entity or educational institution, that the individual is at least twenty-one years of age. Such identification need not be required of any individual who reasonably appears to be at least thirty years of age, provided, however, that such appearance shall not constitute a defense in any proceeding alleging the sale of electronic cigarettes to an individual under twenty-one years of age. b. Any person operating a place of business wherein non-tobacco smoking products are sold or offered for sale is prohibited from selling such non-tobacco smoking products to individuals under twenty-one years of age. Sale of non-tobacco smoking products in such places shall be made only to an individual who demonstrates, through a driver's license or other photographic identification card issued by a government entity or educational institution, that the individual is at least twenty-one years of age. Such identification need not be required of any individual who reasonably appears to be at least thirty years of age, provided, however, that such appearance shall not constitute a defense in any proceeding alleging the sale of non-tobacco smoking products to an individual under twenty-one years of age. c. Any person operating a place of business wherein cigarettes, tobacco products, liquid nicotine, electronic cigarettes, or non-tobacco smoking products are sold or offered for sale shall post in a conspicuous place a sign, in accordance with the rules of the department, advising persons about the minimum age requirements for the purchase of such items. (Am. L.L. 2017/144, 8/28/2017, eff. 1/25/2018; Am. L.L. 2017/191, 10/16/2017, eff. 4/14/2018) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/083, L.L. 2000/002, L.L. 2013/094, and L.L. 2017/144.

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