Violation of Sale of Tobacco products or herbal cigarettes, rolling papers or pipes to a minor
First Violation: If found guilty
Fines from $300 to $1000.
For a sale to a minor, two points are assigned by NYS (or one point, if the retailer proves the seller is certified as a result of successfully completing a state certified tobacco sales training program).
The local department shall publish the violation in a local newspaper.
A $50 surcharge for each violation.
Subsequent Violations: If found guilty
Fines from $500 to $1,500.
Points assigned as above.
The accumulation of 3 points will result in a 6 month suspension of the facility’s tobacco registration by NYS DTF and Lottery license by NYS Lottery.
The local department shall publish in a local newspaper.
A $50 surcharge for each violation.
Violation while tobacco registration is suspended or revoked: If found guilty
Fine of $2,500.
Tobacco registration permanently revoked and you will not be allowed to obtain a new registration to sell tobacco.
The department shall publish the violation in a local newspaper.
Other Violations:
The facility’s tobacco registration and the lotto license will be suspended for 1-year if the facility incurs any 4 violations and are found guilty, within a 3 year period. (Other Violations include: self-service violations, out of package sales, lack of proper signage, and sale of bidis and/or gutka from a non-tobacco specialty business.
The sale of gutka and bidis is prohibited with the exception of tobacco businesses. Violations of this and other provisions above subject vendor to fines of $300-$1,000.
For each subsequent violation, a $500-$1,500 fine will be imposed.
