§ 6-12 — Tobacco Retail Dealer Penalty Schedule

§ 6-12 Tobacco Retail Dealer Penalty Schedule.

All citations are to Title 20 of the Administrative Code of the City of New York, Title 17 of the Administrative Code of the City of New York, Title 24 of the Rules of the City of New York, or the New York Public Health Law. Unless otherwise specified, the penalties set forth for each section of law or rule shall also apply to all subdivisions, paragraphs, subparagraphs, clauses, items, or any other provision contained therein. Each subdivision, paragraph, subparagraph, clause, item, or other provision charged in the Notice of Violation shall constitute a separate violation of the law or rule. Unless otherwise specified by law, for violations of Title 20 of the Administrative Code, a second or third or subsequent violation means a violation by the same respondent, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement for violating the same provision of law or rule, within three years of the prior violation(s). Unless otherwise specified by law, for violations of § 17-176.1 of Title 17 of the Administrative Code or of 24 RCNY § 13-03, a second or third or subsequent violation means a violation by the same respondent, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement for violating the same provision of law or rule, within five years of the prior violation(s). For sections of law marked by a single asterisk (*), a second, third or subsequent violation means a violation of § 17-703, § 17-703.2, § 17-704, Subdivision (a) of § 17-704.1, § 17-705, or subdivisions (a) or (b) of § 17-706 of Title 17 of the Administrative Code, or any combination of such provisions, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement, at the same place of business within a three-year period. Unless otherwise specified by law, for violations of § 17-715 of Title 17 of the Administrative Code, a second or third or subsequent violation means a violation by the same respondent, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement for violating the same provision of law or rule, within three years of the prior violation(s). At a hearing, points assigned to a respondent's New York State tobacco registration record may be reduced, pursuant to New York Public Health Law § 1399-ee(3)(a). In certain cases, the Department may ask for license suspension, revocation, or sealing as permitted by statute. If a respondent is found in violation of multiple provisions that require a suspension period, the suspension periods shall run concurrently. The parties shall be authorized to present evidence to mitigate the license revocation or suspension period within the date range marked by two asterisks (**). Citation Violation Description First Violation First Default Second Violation Second Default Third and Subsequent Violation Third and Subsequent Default Admin. Code § 20-202(a)(1) Engaging in unlicensed tobacco retail dealer activity $2,000, plus $100 per day $2,000, plus $100 per day $2,000, plus $100 per day $2,000, plus $100 per day $2,000, plus $100 per day $2,000, plus $100 per day Admin. Code § 20-202(a)(2) Permitting premises to be used for unlicensed tobacco retail dealer activity $1,500 $2,000 $1,800 $2,000 $2,000 $2,000 Admin. Code § 20-202(d)(2) Failure to display license conspicuously $1,500 $2,000 $1,800 $2,000 $2,000 $2,000 Admin. Code § 20-203 Failure to comply with recordkeeping and inspection requirements $1,500 $2,000 $1,800 $2,000 $2,000 $2,000 Admin. Code § 20-205 Engaged in prohibited sales or purchases $1,500 $2,000 $1,800 $2,000 $2,000 $2,000 Admin. Code § 17-176.1(b) Selling discounted cigarettes $1,000 $1,000 $2,000 $2,000 $5,000 $5,000 Admin. Code § 17-176.1(c) Selling discounted tobacco products $1,000 $1,000 $2,000 $2,000 $5,000 $5,000 Admin. Code § 17-176.1(d) Selling cigarettes or tobacco products below the price floor $1,000 $1,000 $2,000 $2,000 $5,000 $5,000 Admin. Code § 17-703* Operating as a wholesale dealer without a license $5,000 $5,000 $10,000 (plus revocation) $10,000 (plus revocation) $10,000 (plus revocation) $10,000 (plus revocation) Admin. Code § 17-703.1 Failure of retail dealer to post sign in conspicuous place that cigarettes must be in packages bearing valid tax stamps $500 $500 $500 $500 $500 $500 Admin. Code § 17-704(a)* Selling or offering for sale cigarettes or tobacco products that have been removed from packaging that bears a health warning $1,000 $1,000 $2,000 (plus revocation) $2,000 (plus revocation) $2,000 (plus revocation) $2,000 (plus revocation) Admin. Code § 17-704(a-1) through (f)* Violation of minimum package sizes for cigarettes or tobacco products $1,000 $1,000 $2,000 $2,000 $2,000 $2,000 Admin. Code § 17-704.1(a)* Unlawful delivery of cigarettes or tobacco products $1,000 $1,000 $2,000 (plus revocation) $2,000 (plus revocation) $2,000 (plus revocation) $2,000 (plus revocation) Admin. Code § 17-705* Failure to comply with age restrictions on handling $1,000 $1,000 $2,000 (plus revocation) $2,000 (plus revocation) $2,000 (plus revocation) $2,000 (plus revocation) Admin. Code § 17-706(a)* Unlawful sale of cigarettes, tobacco products, or liquid nicotine to an individual under 21 $1,000 $1,000 $2,000 (plus revocation) $2,000 (plus revocation) $2,000 (plus revocation) $2,000 (plus revocation) Admin. Code § 17-706(b)* Unlawful sale of non-tobacco smoking products to an individual under 18 $1,000 $1,000 $2,000 (plus revocation) $2,000 (plus revocation) $2,000 (plus revocation) $2,000 (plus revocation) Admin. Code § 17-706(c) No minimum age sign violation/missing information on sign $500 $500 $500 $500 $500 $500 Admin. Code § 17-715 Unlawful sale of flavored tobacco $1,000 $1,000 $2,000 $2,000 $5,000 (plus 1 to 90 day suspension)** $5,000 (plus one year suspension) NY Pub Health § 1399-BB Distribution of tobacco products or herbal cigarettes without charge $1,500 $1,500 $2,500 $2,500 $2,500 $2,500 NY Pub Health § 1399-CC(2) (sign) Failure to conspicuously post the required tobacco sign $1,500 $1,500 $2,500 $2,500 $2,500 $2,500 NY Pub Health § 1399-CC(2) (sale) Unlawful sale of tobacco products, herbal cigarettes, liquid nicotine, shisha or electronic cigarettes to an individual under twenty-one years of age $1,500 (plus 2 points on NYS registration) $1,500 (plus 2 points on NYS registration) $2,500 (plus 2 points on NYS registration) $2,500 (plus 2 points on NYS registration) $2,500 (plus 2 points on NYS registration) $2,500 (plus 2 points on NYS registration) NY Pub Health § 1399-CC(3) Failure to obtain proper identification from purchaser $1,500 $1,500 $2,500 $2,500 $2,500 $2,500 NY Pub Health § 1399-CC(5) Improper use of the electronic transaction information $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 NY Pub Health § 1399-CC(7) Failure to store tobacco products or herbal cigarettes behind a counter accessible only to store personnel or in a locked container $1,500 $1,500 $2,500 $2,500 $2,500 $2,500 NY Pub Health § 1399-DD Unlawful sale of tobacco products, herbal cigarettes, or electronic cigarettes in vending machines $1,500 $1,500 $2,500 $2,500 $2,500 $2,500 NY Pub Health § 1399-DD-1 Unlawful display of tobacco product or electronic cigarette advertising or smoking paraphernalia $500 $500 $1,000 $1,000 $1,000 $1,000 NY Pub Health § 1399-EE(2) Unlawful sale of tobacco products or herbal cigarettes with a suspended or revoked NYS tobacco registration $2,500 $2,500 $2,500 $2,500 $2,500 $2,500 NY Pub Health § 1399-GG Unlawful out-of-package sales or minimum package size $1,500 $1,500 $2,500 $2,500 $2,500 $2,500 NY Pub Health § 1399-LL Failure to comply with regulations prohibiting the sale of bidis $500 $500 $500 $500 $500 $500 NY Pub Health § 1399-MM Failure to comply with the regulations prohibiting the sale of gutka $500 $500 $500 $500 $500 $500 24 RCNY § 13-03 Failure to comply with price floors for little cigars, cigars, smokeless tobacco, snus, shisha, non-tobacco shisha, or loose tobacco $1,000 $1,000 $2,000 $2,000 $5,000 $5,000 24 RCNY § 28-06 Unlawful sale of tobacco product or non- tobacco product designed for consumption through the inhalation of smoke not in original packaging $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 (Added City Record 8/22/2016, eff. 8/22/2016; amended City Record 7/6/2018, eff. 8/5/2018; amended City Record 1/14/2019, eff. 2/13/2019; amended City Record 11/4/2020, eff. 12/4/2020; amended City Record 11/26/2021, eff. 12/26/2021; amended City Record 3/11/2022, eff. 4/10/2022)