ATUPA Fines and Penalties

Violation of Sale of Tobacco products or herbal cigarettes, rolling papers or pipes to a minor

ATUPA Fines and PenaltiesFirst 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.