§ 20-201 Definitions.
AC § 20-201
Whenever used in this subchapter: Agent. The term "agent" means any person authorized to purchase and affix adhesive or meter stamps under chapter 13 of title 11 who is designated as an agent by the commissioner of finance. Cigarette. The term "cigarette" means any roll for smoking made wholly or in part of tobacco or any other substance, irrespective of size or shape and whether or not such tobacco or substance is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material but is not made in whole or in part of tobacco. Commissioner of finance. The term "commissioner of finance" means the commissioner of finance of the city. Community district. The term "community district" means a community district established pursuant to of the charter. Community district retail dealer cap. The term "community district retail dealer cap" means the maximum number of retail dealers permitted to obtain a license to sell cigarettes or tobacco products within a community district. Dealer. The term "dealer" means any wholesale dealer or retail dealer as hereinafter defined. Good standing. The term "good standing" means any retail dealer that has not been found to have violated subdivision a of section 20-202, subdivision a or b of section 11-1303, section 17-703, section 17-703.2, subdivision a of section 17-704, subdivision a of section 17-704.1, section 17-705, subdivision a or b of section 17-706 or section 17-715 on more than one day during the previous three consecutive years. Person. Notwithstanding sections 1-112 and 20-102 of the code, the term "person" means any individual, partnership, society, association, joint-stock company, corporation, limited liability company, estate, receiver, trustee, assignee, referee or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of individuals. Pharmacy. The term "pharmacy" means "pharmacy" as defined in subdivision 1 of section 6802 of the education law, and any retail store that contains a pharmacy. Retail dealer. The term "retail dealer" means any person, other than a wholesale dealer, engaged in selling cigarettes or tobacco products. For the purposes of this chapter, the possession or transportation at any one time of more than 400 cigarettes or little cigars, or more than 50 cigars, or more than one pound of loose tobacco, smokeless tobacco, snus or shisha, or any combination thereof, by any person other than a manufacturer, an agent, a licensed wholesale dealer or a person delivering cigarettes or tobacco products in the regular course of business for a manufacturer, an agent or a licensed wholesale or retail dealer, shall be presumptive evidence that such person is a retail dealer. Retail store. The term "retail store" means any place that, in the regular course of business, sells or rents goods directly to the public. Sale or purchase. The term "sale or purchase" means any transfer of title or possession or both, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever or any agreement therefor. Tobacco product. The term "tobacco product" means "tobacco product" as defined in section 17-702. Wholesale dealer. The term "wholesale dealer" means any person who sells cigarettes to retail dealers or other persons for purposes of resale only, and any person who owns, operates or maintains one or more cigarette vending machines in, at or upon premises owned or occupied by any other person. (Am. L.L. 2017/142, 8/28/2017, eff. 2/24/2018; Am. L.L. 2017/146, 8/28/2017, eff. 2/24/2018) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2000/002, L.L. 2013/097, L.L. 2017/142, and L.L. 2017/146.
