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What is NYC AC § 20-760?

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This section prohibits the offering of tobacco product promotions to individuals under eighteen years of age and mandates verification of age through valid identification. The Department is responsible for enforcing civil penalties for violations of this statute. Applies to businesses involved in tobacco product promotions.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 20-760 Tobacco product promotion restriction.

AC § 20-760

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. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1998/003.

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