Local Law No 2 of 2019 AMEND THE PUTNAM COUNTY CODE TO LICENSE AND REGULATE THE SALE OF E-CIGARETTES, SIMILAR DEVICES, AND RELATED PRODUCTS

Local Law #2 of 2019
RESOLUTION #294a
(passed at Year End Mtg. 12/19/2018)
Resolution #294a
A LOCAL LAW TO AMEND THE PUTNAM COUNTY CODE TO LICENSE AND REGULATE
THE SALE OF E-CIGARETTES, SIMILAR DEVICES, AND RELATED PRODUCTS
Be it enacted by the Legislature of the County of Putnam as follows:
Section 1.
Creating Chapter 147 of the Putnam County Code entitled “Electronic Cigarettes (ECigarettes)”.
Section 2.
Chapter 147 of the Putnam County Code is hereby amended to add a new Article I,
entitled “Retail Sales Licensing” to read as follows:
§ 147-1 Findings and intent; statutory authority.
A. The Putnam County Legislature declares the intent and purpose of this Article is
to preserve and improve the public health by regulating retail sales of e-cigarettes
and related products.
B. The Putnam County Legislature hereby finds as follows:
1. E-cigarettes are designed to deliver nicotine, a highly addictive drug;
2. Nicotine-containing e-cigarettes are the most common nicotine products used
by students; E-cigarette use among high schoolers in New York is increasing,
and is more common than cigarette use;
3. Youth use of e-cigarettes and similar products is associated with future
cigarette use;
4. Adults who might otherwise quit smoking combustible cigarettes instead use
e-cigarettes in addition to cigarettes, thereby maintaining nicotine intake and
addiction level;
5. E-cigarettes and related products are often marketed for use in places where
traditional smoking is prohibited, and are also sold in locations that do not
also sell tobacco;
6. E-cigarettes and similar devices pose health hazards and may contribute to
youth smoking and reduced cessation, regardless of nicotine content;
7. A local licensing system for retailers of electronic cigarettes, similar devices,
and related non-tobacco products regulated by Article 13-F of New York State
Public Health Law is necessary and appropriate for the public health, safety,
and welfare of our residents;
8. Therefore, the Putnam County Legislature declares the need to enact a new
Chapter 147 and Article I of the Code of Putnam County to regulate retail sales
of e-cigarettes, similar devices, and related paraphernalia; and
9. The County of Putnam desires to implement effective measures through this
new Article to regulate the sale of e-cigarettes and related paraphernalia
regulated by the New York Adolescent Tobacco Use Prevention Act, and
facilitate the enforcement of other applicable laws relating to e-cigarette
products.
C. Unless otherwise noted herein, Article 13-F of the New York State Public Health
Law shall apply.
§ 147-2 Definitions.
As used in this Article, the following terms shall have the meanings indicated:
ACCESSORY – Any product that is intended or reasonably expected to be used with or
for the human consumption of a Tobacco Product or Electronic Aerosol Delivery System;
does not contain tobacco and is not made or derived from tobacco; and meets either of
the following: (1) is not intended or reasonably expected to affect or alter the
performance, composition, constituents, or characteristics of a Tobacco Product or
Electronic Aerosol Delivery System; or (2) is intended or reasonably expected to affect or
maintain the performance, composition, constituents, or characteristics of a Tobacco
Product or Electronic Aerosol Delivery System but (a) solely controls moisture and/or
temperature of a stored Tobacco Product or Electronic Aerosol Delivery System; or (b)
solely provides an external heat source to initiate but not maintain combustion of a
Tobacco Product. Accessory includes, but is not limited to, carrying cases, lanyards, and
holsters.
APPLICANT – An individual, partnership, limited liability company, corporation, or other
business entity seeking an E-Cigarette Retail License.
COMPONENT or PART – Any software or assembly of materials intended or reasonably
expected to: (1) alter or affect the Electronic Aerosol Delivery System’s performance,
composition, constituents, or characteristics; or (2) be used with, or be used for the
human consumption of through, an Electronic Aerosol Delivery System. Component or
Part excludes anything that is an Accessory, and includes, but is not limited to,
electronic cigarette liquids (“e-liquids”), cartridges, certain batteries, heating coils,
programmable software, and flavorings for Tobacco Products or Electronic Aerosol
Delivery Systems.
DEPARTMENT – The Putnam County Health Department.
E-CIGARETTE RETAIL LICENSE – A license issued by the Department to a Person to
engage in the retail sale of Electronic Aerosol Delivery Systems in the County of Putnam.
ELECTRONIC AEROSOL DELIVERY SYSTEM – An electronic device that, when activated,
produces an aerosol that may be inhaled, whether or not such aerosol contains nicotine.
Electronic Aerosol Delivery System includes any Component or Part, but not an
Accessory, and any liquid or other substance to be aerosolized, whether or not
separately sold. Electronic Aerosol Delivery System does not include drugs, devices, or
combination products authorized for sale by New York State, as those terms are defined
by State law, or by the United States Food and Drug Administration, as those terms are
defined in the Federal Food, Drug and Cosmetic Act.
PERSON – Any natural person, company, corporation, firm, partnership, business,
organization, or other legal entity.
TOBACCO PRODUCT – Any product made or derived from tobacco or which contains
nicotine, marketed or sold for human consumption, whether consumption occurs
through inhalation, or oral or dermal absorption. Tobacco Product does not include an
Accessory, and does not include drugs, devices, or combination products authorized for
sale by New York State, as those terms are defined by State law, or by the United States
Food and Drug Administration, as those terms are defined in the Federal Food, Drug and
Cosmetic Act.
§ 147-3 E-Cigarette Retail License.
A. Starting July 1, 2019, no Person shall sell, offer for sale, or permit the sale of
Electronic Aerosol Delivery Systems to consumers in the County of Putnam
without a valid E-Cigarette Retail License issued by the Department. An ECigarette Retail License is not required for a wholesale dealer who sells products
to retail dealers for the purpose of resale only and does not sell any Electronic
Aerosol Delivery Systems directly to consumers. An E-Cigarette Retail License is
not required by a retail seller of Tobacco Products that possesses a required
certificate of registration as a tobacco retail dealer from the New York State
Department of Taxation and Finance, and is otherwise in compliance with Article
13-F of the New York Public Health Law and Chapter 223 of the Putnam County
Code.
B Notwithstanding the requirements set forth in Section 147-3(A), this Article shall
not apply to registered organizations pursuant to Title V-A of Article 33 of New
York Public Health Law.
C All E-Cigarette Retail Licenses issued pursuant to this section are nontransferable
and non-assignable, and are valid only for the Applicant and the specific address
indicated on the E-Cigarette Retail License. A separate E-Cigarette Retail License
is required for each address at which Electronic Aerosol Delivery Systems are
sold or offered for sale. Any change in business ownership or business address
requires a new E-Cigarette Retail License.
D. All E-Cigarette Retail Licenses issued pursuant to this section are valid for no
more than one year following the effective date of the E-Cigarette Retail License.
As set forth in Section 147-7, an E-Cigarette Retail License may be revoked by the
Department prior to its expiration date for cause.
E. Applications for an E-Cigarette Retail License shall be submitted to the
Department in writing upon a form provided by the Department. The Department
may require such forms to be signed and verified by the Applicant or an
authorized agent thereof.
F. Applications for an E-Cigarette Retail License shall be accompanied by the fee set
forth in Section 147-5.
G. The issuance of any E-Cigarette Retail License pursuant to this Article is done in
the discretion of the Department. However, issuance of an E-Cigarette Retail
License shall not be denied to an Applicant not disqualified by the criteria set
forth in Sections 147-4 (B) and (C). An E-Cigarette Retail License shall not confer
upon a licensee any property rights in the continued possession of such a
license.
§ 147-4 Issuance of Licenses.
A. Upon the receipt of a completed application for a new E-Cigarette Retail License
or renewed E-Cigarette Retail License and the fee required by Section 147-5, the
Department shall inspect the location at which Electronic Aerosol Delivery System
sales are to be permitted. The Department may also ask the Applicant to provide
additional information that is reasonably related to the determination of whether a
license may issue.
B. The Department may refuse to issue an E-Cigarette Retail License to an Applicant
if it finds that one or more of the following bases for denial exists:
(1) The information presented in the application is incomplete, inaccurate, false,
or misleading;
(2) The fee for the application has not been paid as required;
(3) The Applicant has previously had an E-Cigarette Retail License issued under
this Article revoked;
(4) An E-Cigarette Retail License issued under this Article for the same address
or location has previously been revoked;
(5) The Applicant has not paid to the County of Putnam outstanding fees, fines,
penalties, or other charges owed to the County of Putnam; or
(6) The Department determines, in accordance with objective criteria established
to further the specific purposes of this Article, that the Applicant is otherwise
not fit to hold an E-Cigarette Retail License. Such criteria shall be maintained
in written or printed form, and shall be made available to the public, and
provided to any Applicant, upon request.
C. No E-Cigarette Retail License shall be issued to any seller of Electronic Aerosol
Delivery Systems that is not in a fixed, permanent location.
§ 147-5 Required Fee.
A. Each application for an E-Cigarette Retail License shall be accompanied by a fee
of two hundred fifty dollars ($250.00).
B. The Department may reduce the fee required by Section 147-5(A) for an
application that will result in issuance of an E-Cigarette Retail License valid for
less than eleven (11) months.
C. Starting two years after the effective date of this Article, the Department may, on
an annual basis, modify the fee required pursuant to Section 147-5(A), provided
that such modified fee is duly approved by the Putnam County Legislature. The
fee shall be calculated so as to recover the cost of administration and
enforcement of this Article, including, for example, issuing a license,
administering the license program, retailer education, retailer inspection and
compliance checks, documentation of violations, and prosecution of violators, but
shall not exceed the cost of the regulatory program authorized by this Article. All
fees and interest upon proceeds of fees shall be used exclusively to fund the
program. Fees are nonrefundable except as may be required by law.
§ 147-6 License Display
A. Any E-Cigarette Retail License issued pursuant to this Article shall be displayed
prominently at the location where the Electronic Aerosol Delivery System are sold
so that it is readily visible to customers.
B. Selling, offering for sale, or permitting the sale of any Electronic Aerosol Delivery
System without a valid E-Cigarette Retail License displayed in accordance with
Section 147-6(A) constitutes a violation of this Article.
§ 147-7 Revocation of License
A. The Department may suspend or revoke an E-Cigarette Retail License issued
pursuant to this Article for violations of the terms and conditions of this Article or
for violation of any federal, state, or local law or regulation pertaining to (a)
trafficking in illegal drugs, including synthetic drugs; or (b) the sale of Tobacco
Products, Electronic Aerosol Delivery Systems, or any other product regulated by
Article 13-F of the New York State Public Health Law.
B. The Department may revoke an E-Cigarette Retail License if the Department finds
that one or more of the bases for denial of a license under Section 147-4 (B)
existed at the time application was made, or at any time before the license issued.
C. The Department may revoke an E-Cigarette Retail License if the Department finds
that any Person issued such a licensee is conducting retail sales of Electronic
Aerosol Delivery Systems at a location other than one indicated on an E-Cigarette
Retail License issued by the Department.
§ 147-8 Violations and Enforcement
A. The Department or its authorized designee(s) shall enforce the provisions of this
Article. The Department may conduct periodic inspections in order to ensure
compliance with this Article.
B. In addition to the penalties provided for in Section 147-7, any Person found to be
in violation of this Article shall be liable for a civil penalty of not more than two
hundred fifty dollars ($250.00) for the first violation; not more than five hundred
dollars ($500.00) for the second violation within a two-year period; and not more
than one thousand dollars ($1,000.00) for the third and each subsequent violation
within a two-year period.
§ 147-9 Rules and Regulations
The Department may issue and amend rules, regulations, standards, guidelines, or
conditions to implement and enforce this Article, which shall be maintained in written or
printed form, and which shall be made available to the public, and provided to any
Applicant, upon request.
§ 147-10 Signage.
Any Person operating a place of business wherein any Electronic Aerosol Delivery
System is sold or offered for sale shall post in a conspicuous place a sign upon which
there shall be imprinted the following statement, “SALE OF CIGARETTES, CIGARS,
CHEWING TOBACCO, POWDERED TOBACCO, SHISHA OR OTHER TOBACCO
PRODUCTS, HERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES,
ROLLING PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER 18 YEARS OF
AGE IS PROHIBITED BY LAW.” Such sign shall be printed on a white card in red letters
at least one-half inch in height. This Section shall not apply to any person exempted from
licensing pursuant to Section 147-3 (A) or (B) of this Article.
§ 147-11 – Reverse pre-emption
This Article shall be null and void on the day that federal or statewide legislation goes
into effect incorporating either the same or substantially similar provisions as are
contained in this Article, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by the County of
Putnam. The County Legislature may determine via mere resolution whether or not
identical or substantially similar federal or statewide legislation, or pertinent preempting
state or federal regulations, have been enacted for purposes of triggering the provisions
of this Article.
§ 147-12 Severability
The provisions of this Article are declared to be severable, and if any section of this
Article is held to be invalid, such invalidity shall not affect the other provisions of this
Article or this Chapter that can be given effect without the invalidated provision.
§ 147-13 Effective Date
This Local Law shall take effect 60 days from its filing with the NYS Secretary of State.