L.L. 2017/130

Enactment date: 8/8/2017

Int. No. 671-A

By Council Members Vallone, Eugene, Wills, Van Bramer, Richards, Ferreras-Copeland, Dromm, Gibson, Williams, Koslowitz, Crowley, Cumbo, Cabrera, Vacca, Constantinides, Torres, Cohen, Deutsch, Rose, Gentile, Mendez, Menchaca, Cornegy, Rosenthal, Rodriguez, Chin, Perkins, Kallos and Ulrich

A Local Law to amend the administrative code of the city of New York, in relation to pedestrian countdown displays at intersections adjacent to schools and parks

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

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§ 2. This local law takes effect immediately and is deemed repealed after completion of the installations required by subdivision c of section 19-197 of the administrative code of the city of New York, as added by section 1 of this local law.

L.L. 2017/140

Enactment date: 8/25/2017

Preconsidered Int. No. 1676

By Council Members Deutsch, Maisel, Vallone, Treyger and Gentile (in conjunction with the Mayor)

A Local Law to amend the administrative code of the city of New York, in relation to increasing the maximum qualifying income for the senior citizen homeowner's exemption and the disabled homeowner's exemption

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

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§ 5. This local law takes effect immediately and shall apply to applications made for an exemption pursuant to this local law for the fiscal year commencing in 2017 and all fiscal years thereafter. Applications received for the fiscal year commencing in 2017 shall be considered timely if they are filed on or before the one hundred twentieth day following the effective date of this local law.

L.L. 2017/142

Enactment date: 8/28/2017

Int. No. 1131-B

By Council Members Lander, Johnson, Vacca, Richards, Gentile, Chin, Rosenthal, Cohen, Kallos, Barron and Maisel

A Local Law to amend the administrative code of the city of New York, in relation to the sale of tobacco products in pharmacies

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. The Council finds that tobacco use is a leading risk factor for preventable premature death in the United States and the City of New York, having killed an estimated 12,000 people in the city in 2014 and causing a significant burden in health care costs and lost productivity. Given the costs associated with tobacco use, the City has a compelling interest in continuing its efforts to reduce tobacco use among adults and to prevent youth from starting to use tobacco products.

Overall, the City has a high level of tobacco retail density with more than 8,200 licensed cigarette retailers within approximately 300 square miles. The Council further finds, based on a number of studies, that easy access to tobacco retailers makes it harder for smokers to quit, particularly in low-income areas. In addition, the odds of experimenting with smoking in the past 12 months was 40% higher among NYC youth who were exposed to tobacco retailers two or more times per week compared to those exposed less often. Therefore, reducing the number of tobacco retailers over time is likely to reduce tobacco use and, in turn, morbidity.

There are more than 2,700 pharmacies in New York City, and approximately 600 of them have a retail dealer license to sell cigarettes. Pharmacies provide a critical service of dispensing medications, and pharmacists are trusted professionals dedicated to optimizing medication therapy and improving health. Consistent with this role, the American Pharmacists Association "urges pharmacies and facilities that include pharmacies to discontinue the sale of tobacco products" and electronic cigarettes. The public also supports prohibiting the sale of tobacco products in pharmacies. In one recent national survey, 66.1 percent of all adults favored prohibiting tobacco product sales in pharmacy stores. The co-location of the sale of deadly and addictive products runs counter to the services provided by pharmacists to improve health. Studies show that when pharmacies have stopped selling tobacco products, tobacco sales in the affected area have declined significantly.

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[Consolidated provisions are not included in this Appendix A]

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§ 4. After the date of enactment of this local law, a pharmacy shall not be allowed to apply for a license to engage in business as a retail dealer, and a pharmacy that applies for a renewal of such a license may be issued such renewal, provided that such license shall be valid only until December 31, 2018. The fee described in paragraph 1 of subdivision c of section 20-202 of the administrative code of the city of New York shall be pro-rated for any such renewal as needed.

§ 5. This local law takes effect on the same day as a local law for the year 2017 amending the administrative code of the city of New York relating to expanding the retail dealer license to include retailers of tobacco products and setting caps on retail dealer licenses, and repealing subdivision c of section 17-702, relating to the definition of cigarette license, as proposed in introduction number 1547 for the year 2017, takes effect; provided that, however, paragraph 3 of subdivision a of section 20-202 of the administrative code of the city of New York, as added by section three of this local law, takes effect on January 1, 2019.

L.L. 2017/144

Enactment date: 8/28/2017

Int. No. 1532-A

By Council Members Cabrera, Gentile, Mendez, Rosenthal, Kallos, Barron and Maisel

A Local Law to amend the administrative code of the city of New York, in relation to the regulation of electronic cigarettes and the licensing of electronic cigarette retail dealers

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

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§ 7. The commissioner of consumer affairs shall publicize the application period for the electronic cigarette retail dealer license so as to maximize awareness of the 90 day application for such license.

§ 8. The department of consumer affairs shall have the authority to promulgate any rules necessary for the implementation of this local law.

§ 9. This local law takes effect 150 days after it becomes law, except that:

   (i)   the department of consumer affairs and the department of health and mental hygiene may take such measures as are necessary for the implementation of this local law, including the promulgation of rules, prior to such date;

   (ii)   section seven of this local law takes effect immediately;

   (iii)   paragraph 1 of subdivision a, and subparagraph (d) of paragraph 1 of subdivision d, of section 20-561, as added by section six of this local law, takes effect 360 days after it becomes law; and

   (iv)   paragraph 4 of subdivision a of section 17-710 of the administrative code of the city of New York, as added by section five of this local law, takes effect on the same day that a local law for the year 2017 amending the administrative code of the city of New York relating to the regulation of retail dealers of tobacco products and of electronic cigarettes, the establishment of price floors and minimum package sizes for tobacco products and shisha, and the establishment of a tax on tobacco products other than cigarettes, as proposed in introduction number 1544 for the year 2017, takes effect.

L.L. 2017/145

Enactment date: 8/28/2017

Int. No. 1544-B

By Council Members Johnson, Mendez, Rosenthal, Lander, Cohen, Barron and Maisel

A Local Law to amend the administrative code of the city of New York, in relation to the regulation of retail dealers of tobacco products and of electronic cigarettes, the establishment of price floors and minimum package sizes for tobacco products and shisha, and the establishment of a tax on tobacco products other than cigarettes

Be it enacted by the Council as follows:

Section 1. Legislative findings. The Council hereby finds that tobacco use is a leading cause of premature, preventable death in the City, killing an estimated 12,000 people in 2014. All tobacco products-including cigars, smokeless tobacco, tobacco containing shisha and others-are inherently dangerous, and contain nicotine, which is addictive. Health impacts associated with tobacco use include cancer, heart disease, lung disease, and other serious adverse health effects. While the prevalence of youth cigarette smoking in the City, 5.8% in 2015, has declined in recent years, a greater proportion of youth are using other tobacco products (OTP) like cigars, waterpipes (hookahs), and smokeless tobacco. Cigar and smokeless tobacco use increased as a proportion of youth tobacco use from 2007 to 2015. In 2015, youth cigarette smoking and cigar smoking were roughly equal at 5.8% and 5.7%, respectively. Hookah smoking and smokeless tobacco use among NYC youth have also increased in recent years. Between 2008 and 2014, the percentage of middle school students in NYC who had ever smoked hookah increased from 2.9% to 8.5%. In 2014, 16.1% of high school students in the City had smoked hookah. Smokeless tobacco use among NYC youth increased from 2.2% in 2007 to 3.1% in 2015.

According to the World Health Organization, tobacco taxes are the single most effective way to decrease consumption and encourage tobacco users to quit. Taxation reduces tobacco use by reducing youth initiation, encouraging tobacco users to quit, and reducing consumption among those who do not quit. Minimum prices that increase prices for tobacco products have a comparable impact on tobacco consumption as taxes. Given relatively high levels of taxation on cigarettes at the federal, state, and local levels, OTP is generally less expensive than cigarettes, increasing its attractiveness as a cheaper alternative.

The Council hereby declares that the enactment of this law is necessary to reduce the prevalence of OTP use, particularly among youth. The Public Housing Law authorizes the City to impose a tax on OTP of up to 10% of the purchase price, and revenue generated from the tax must support public housing. This law creates a price floor (or minimum price) for specific categories of OTP (including cigars, little cigars, smokeless tobacco, loose tobacco, and shisha) and sets the OTP tax at 10% of the price floor for each OTP category. Price floors provide a mechanism for making the OTP tax consistent for each product category, thereby facilitating the administration of the tax. Price floors also elevate prices on low-priced tobacco products, further advancing this law's public health goals. This tax will improve public health and simultaneously provide a source of revenue for the New York City Housing Authority.

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[Consolidated provisions are not included in this Appendix A]

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§ 23. This local law takes effect on the first day of the calendar month next following the 270th day after it becomes law, provided that subdivision b of section 17-704.1 of the administrative code of the city of New York, as added by section eighteen of this local law, takes effect 150 days after it becomes law, except that the department of finance, the department of health and mental hygiene and the department of consumer affairs may take such measures as are necessary for the implementation of this local law, including the promulgation of rules, prior to such date.

L.L. 2017/146

Enactment date: 8/28/2017

Int. No. 1547-A

By Council Members Lander, Johnson, Levine, Richards, Rosenthal, Cohen, Kallos, Barron and Maisel

A Local Law to amend the administrative code of the city of New York, in relation to expanding the retail dealer license to include retailers of tobacco products and setting caps on retail dealer licenses, and to repeal subdivision c of section 17-702, relating to the definition of cigarette license

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. The Council finds that tobacco use is a leading risk factor for preventable premature death in the United States and the City of New York, and that the City has a compelling interest in continuing its efforts to reduce tobacco use among adults and to prevent youth from starting to use tobacco products

Overall, the City has a high level of tobacco retail density with approximately 8,200 licensed cigarette retailers within approximately 300 square miles. The Council further finds, based on a number of studies, that easy access to tobacco retailers makes it harder for smokers to quit. In addition, weekly youth exposure to tobacco retail settings doubles the odds of youth smoking. Therefore, reducing the number of tobacco retailers over time is likely to reduce tobacco use and, in turn, morbidity.

The Council hereby declares that the enactment of this law is necessary to reduce the number of retailers selling tobacco products in New York City. This law will expand the scope of the existing retail dealer license for cigarettes to cover all tobacco products and restrict the availability of new retail dealer licenses, decreasing their numbers over time through attrition.

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[Consolidated provisions are not included in this Appendix A]

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§ 12. This local law takes effect 180 days after it becomes law, except that subparagraph D of paragraph 1 of subdivision d of section 20-202 of the administrative code of the city of New York, as added by section ten of this local law, shall not apply to a pharmacy seeking a renewal of its license to engage in business as a retail dealer until December 31, 2018.