§ 20-559 Penalties.

   a.   Any person who violates, or causes another person to violate, any provision of subdivision a of section 20-551 or subdivision a of section 20-556, or any rules promulgated pursuant to such subdivisions, shall be guilty of a misdemeanor punishable by a fine of not less than $250 nor more than $1,000, or by imprisonment for not more than 90 days or by both such fine and imprisonment.

   b.   Except as provided in subdivision a of this section, any person who violates, or causes another person to violate, a provision of this subchapter or any rule promulgated pursuant to such subchapter, shall be guilty of an offense punishable as follows:

      1.   for the first violation, a fine of not less than $25 nor more than $50;

      2.   for the second violation issued for the same offense within a period of two years of the date of the first violation, a fine of not less than $50 nor more than $100;

      3.   for the third violation within a period of two years of the date of the first violation, a fine of not less than $100 nor more than $250; and

      4.   for the fourth and any subsequent violations within a period of two years of the date of the first violation, a fine of not more than $500.

   c.   In addition to the fines set forth in subdivisions a and b of this section, any person who violates, or causes another person to violate, any provision of this subchapter or any rules promulgated pursuant to such subchapter shall be subject to a civil penalty as follows:

      1.   for the first violation, a civil penalty of not less than $25 nor more than $50;

      2.   for the second violation issued for the same offense within a period of two years of the date of the first violation, a civil penalty of not less than $50 nor more than $100;

      3.   for the third violation within a period of two years of the date of the first violation, a civil penalty of not less than $100 nor more than $250; and

      4.   for the fourth and any subsequent violations within a period of two years of the date of the first violation, a civil penalty of not more than $500.

   d.   For the purposes of this subchapter, there shall be a rebuttable presumption that any violation of any provision of this subchapter or any rules promulgated pursuant to such subchapter by a ticket seller was caused by:

      1.   the place of entertainment, mode of transportation, or guided tour whose ticket is vended; and/or

      2.   the person on whose behalf the ticket is vended.

Such presumption shall not apply: (i) where the ticket vended is counterfeit and was not issued by the place of entertainment, mode of transportation, or guided tour; or (ii) where the circumstances of the vending were not authorized or subject to the control of the place of entertainment, mode of transportation, or guided tour.

   e.   A proceeding to recover any civil penalty pursuant to this section shall be commenced by the service of a summons or notice of violation which shall be returnable to the office of administrative trials and hearings.

(L.L. 2016/080, 6/28/2016, eff. 8/1/2016; Am. L.L. 2016/093, 8/3/2016, eff. 8/1/2016)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/080.

Subchapter 35: Electronic Cigarette Retail Dealers

§ 20-560 Definitions.

As used in this subchapter, the following terms have the following meanings:

   Electronic cigarette. The term "electronic cigarette" means an electronic or battery-operated device that delivers an aerosol or emission for inhalation. Electronic cigarette also means any refill, cartridge, any other component of an electronic cigarette and any e-liquid. Electronic cigarette shall not include any product approved by the food and drug administration for sale as a drug or medical device.

   Electronic cigarette retail dealer. The term "electronic cigarette retail dealer" means any person engaged in the retail sale of electronic cigarettes. For the purposes of this subchapter and title 17 of this code, the possession or transportation at any one time of more than 20 electronic cigarettes or more than 12 fluid ounces (354.882 mL) of e-liquid by any person other than a manufacturer or a person delivering electronic cigarettes or e-liquids in the regular course of business for a manufacturer or electronic cigarette retail dealer, shall be presumptive evidence that such person is an electronic cigarette retail dealer.

   E-liquid. The term "e-liquid" means a solution, substance or material used in an electronic cigarette to produce an aerosol or emission to be inhaled by the user, whether or not the solution, substance or material contains nicotine.

   Good standing. The term "good standing" means any electronic cigarette retail dealer that has not been found to have violated subdivision b of section 17-704.1 or subdivision a-1 of section 17-706 on more than one day during the previous three consecutive years.

   Person. Notwithstanding sections 1-112 and 20-102 of the code, the term "person" means any individual, partnership, society, association, joint-stock company, corporation, limited liability company, estate, receiver, trustee, assignee, referee or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of individuals.

   Pharmacy. The term "pharmacy" means "pharmacy" as defined in subdivision 1 of section 6802 of the education law, and any retail store that contains a pharmacy.

   Retail store. The term "retail store" means any place that, in the regular course of business, sells or rents goods directly to the public.

(L.L. 2017/144, 8/28/2017, eff. 1/25/2018)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/144.