§ 1399-BB — Distribution of tobacco products, vapor products, or herbal cigarettes without charge

§ 1399-bb. Distribution of tobacco products, vapor products, or herbal\ncigarettes without charge. 1. No retail dealer, or any agent or employee\nof a retail dealer engaged in the business of selling or otherwise\ndistributing tobacco products, vapor products intended or reasonably\nexpected to be used with or for the consumption of nicotine, or herbal\ncigarettes for commercial purposes, or any agent or employee of such\nretail dealer, or any agent or employee of a retail dealer, shall\nknowingly, in furtherance of such business:\n (a) distribute without charge any tobacco products, vapor products\nintended or reasonably expected to be used with or for the consumption\nof nicotine, or herbal cigarettes to any individual, provided that the\ndistribution of a package containing tobacco products, vapor products\nintended or reasonably expected to be used with or for the consumption\nof nicotine, or herbal cigarettes in violation of this subdivision shall\nconstitute a single violation without regard to the number of items in\nthe package; or\n (b) distribute price reduction instruments which are redeemable for\ntobacco products, vapor products intended or reasonably expected to be\nused with or for the consumption of nicotine, or herbal cigarettes to\nany individual, provided that this subdivision shall not apply to\ncoupons contained in newspapers, magazines or other types of\npublications, coupons obtained through the purchase of tobacco products,\nvapor products intended or reasonably expected to be used with or for\nthe consumption of nicotine, or herbal cigarettes or obtained at\nlocations which sell tobacco products, vapor products intended or\nreasonably expected to be used with or for the consumption of nicotine,\nor herbal cigarettes provided that such distribution is confined to a\ndesignated area or to coupons sent through the mail.\n 1-a. No retail dealer engaged in the business of selling or otherwise\ndistributing tobacco products, herbal cigarettes, or vapor products\nintended or reasonably expected to be used with or for the consumption\nof nicotine for commercial purposes, or any agent or employee of such\nretail dealer, shall knowingly, in furtherance of such business:\n (a) honor or accept a price reduction instrument in any transaction\nrelated to the sale of tobacco products, herbal cigarettes, or vapor\nproducts intended or reasonably expected to be used with or for the\nconsumption of nicotine to a consumer;\n (b) sell or offer for sale any tobacco products, herbal cigarettes, or\nvapor products intended or reasonably expected to be used with or for\nthe consumption of nicotine to a consumer through any multi-package\ndiscount or otherwise provide to a consumer any tobacco products, herbal\ncigarettes, or vapor products intended or reasonably expected to be used\nwith or for the consumption of nicotine for less than the listed price\nor non-discounted price in exchange for the purchase of any other\ntobacco products, herbal cigarettes, or vapor products intended or\nreasonably expected to be used with or for the consumption of nicotine\nby such consumer;\n (c) sell, offer for sale, or otherwise provide any product other than\na tobacco product, herbal cigarette, or vapor product intended or\nreasonably expected to be used with or for the consumption of nicotine\nto a consumer for less than the listed price or non-discounted price in\nexchange for the purchase of a tobacco product, herbal cigarette, or\nvapor product intended or reasonably expected to be used with or for the\nconsumption of nicotine by such consumer; or\n (d) sell, offer for sale, or otherwise provide a tobacco product,\nherbal cigarette, or vapor product intended or reasonably expected to be\nused with or for the consumption of nicotine to a consumer for less than\nthe listed price or non-discounted price.\n 2. The prohibitions contained in subdivision one of this section shall\nnot apply to the following locations:\n (a) private social functions when seating arrangements are under the\ncontrol of the sponsor of the function and not the owner, operator,\nmanager or person in charge of such indoor area;\n (b) conventions and trade shows; provided that the distribution is\nconfined to designated areas generally accessible only to persons over\nthe age of twenty-one;\n (c) events sponsored by tobacco, vapor product intended or reasonably\nexpected to be used with or for the consumption of nicotine, or herbal\ncigarette manufacturers provided that the distribution is confined to\ndesignated areas generally accessible only to persons over the age of\ntwenty-one;\n (d) bars as defined in subdivision one of section thirteen hundred\nninety-nine-n of this chapter;\n (e) tobacco businesses as defined in subdivision eight of section\nthirteen hundred ninety-nine-aa of this article;\n (f) factories as defined in subdivision nine of section thirteen\nhundred ninety-nine-aa of this article and construction sites; provided\nthat the distribution is confined to designated areas generally\naccessible only to persons over the age of twenty-one.\n 3. No retail dealer shall distribute tobacco products, vapor products\nintended or reasonably expected to be used with or for the consumption\nof nicotine, or herbal cigarettes at the locations set forth in\nparagraphs (b), (c) and (f) of subdivision two of this section unless\nsuch person gives five days written notice to the enforcement officer.\n 4. No retail dealer engaged in the business of selling or otherwise\ndistributing electronic cigarettes or vapor products intended or\nreasonably expected to be used with or for the consumption of nicotine\nfor commercial purposes, or any agent or employee of such person, shall\nknowingly, in furtherance of such business, distribute without charge\nany electronic cigarettes to any individual under twenty-one years of\nage.\n 5. The distribution of tobacco products, electronic cigarettes, vapor\nproducts intended or reasonably expected to be used with or for the\nconsumption of nicotine, or herbal cigarettes pursuant to subdivision\ntwo of this section or the distribution without charge of electronic\ncigarettes, or vapor products intended or reasonably expected to be used\nwith or for the consumption of nicotine, shall be made only to an\nindividual who demonstrates, through (a) a driver's license or\nnon-driver identification card issued by the commissioner of motor\nvehicles, the federal government, any United States territory,\ncommonwealth, or possession, the District of Columbia, a state\ngovernment within the United States, or a provincial government of the\ndominion of Canada, (b) a valid passport issued by the United States\ngovernment or the government of any other country, or (c) an\nidentification card issued by the armed forces of the United States,\nindicating that the individual is at least twenty-one years of age. Such\nidentification need not be required of any individual who reasonably\nappears to be at least twenty-five years of age; provided, however, that\nsuch appearance shall not constitute a defense in any proceeding\nalleging the sale of a tobacco product, electronic cigarette, vapor\nproduct intended or reasonably expected to be used with or for the\nconsumption of nicotine, or herbal cigarette or the distribution without\ncharge of electronic cigarettes, or vapor products intended or\nreasonably expected to be used with or for the consumption of nicotine\nto an individual.\n