L.L. 1992/083

Enactment date: 10/27/1992

Int. No. 2-A

By the Speaker (Council Member Vallone), Council Members Williams, Michels, Leffler, Albanese, Maloney, Rivera, Clarke, Linares, Fusco, Malave-Dilan, Duane, Fields and White; also Council Members Alter, Cruz, DiBrienza, Eldridge, Fisher, Freed, Harrison, Horwitz, Koslowitz, McCabe, Povman, Powell IV, Robinson, Warden, Abel, Millard, Cerullo Ill, Wooten, Robles and Eisland

A Local Law to amend the Administrative Code of the City of New York In relation to tobacco products

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and Intent. The Council finds that the health risks attributable to tobacco use have been well established. According to the United States Centers for Disease Control, tobacco addiction kills 434,000 Americans each year and is responsible for approximately 1,199,000 years of potential life lost before the age of 65. In New York City, the Department of Health reports that tobacco addiction kills some 11,000 New Yorkers each year.

The Council finds that the problem of tobacco addiction among children is particularly alarming. In 1988, American children under the age of eighteen spent $1.26 billion for one billion packs of cigarettes and 26 million containers of chewing tobacco, resulting in profits of $221 million for cigarette manufacturers. Studies show that the majority of adult tobacco addicts began smoking in their teens. According to the American Heart Association, Lung Association and Cancer Society, 25% of tobacco addicts begin using tobacco products before the age of 12, 50% before the age of 14 and 90% before the age of 20. The New York City Department of Consumer Affairs reports that 200 New York children begin the deadly habit of cigarette smoking every day, and, according to the National Institute on Drug Abuse, 18.7% of high school seniors smoke daily. National Institute on Drug Abuse studies also indicate that high school seniors who smoke are more likely to have used illicit drugs as compared to non-smoking high school seniors, demonstrating that tobacco is often a gateway drug.

It is the intention of the Council to make it more difficult for minors to unlawfully purchase tobacco products. This legislation would require the direct retail seller of tobacco products to be at least 18 years of age or under the direct supervision of someone at least 18 years of age. That seller would be required to have direct, personal contact with the purchaser, who must provide photographic proof-of-age indicating that he or she is legally permitted to buy tobacco products in New York State, unless he or she reasonably appears to be at least twenty-five years of age. The legislation would also prohibit the sale of loose, individual cigarettes or other tobacco products that have been removed from their packaging so as to eliminate the health warnings required by law. In addition, it is the Council's intention to provide New York City's students with tobacco-free educational environments to the greatest extent allowable by law. Thus, tobacco product use on all school premises, both public and private, shall be prohibited.

Besides the grave dangers posed by tobacco use to the health of New York City residents of all ages, the Council also finds that tobacco use threatens the general welfare of all New Yorkers by causing enormous financial costs to the taxpayers, in the form of health care benefits, and a loss of productivity among the city's workforce.

Costs associated with illness and injury due to smoking may be immediate or deferred; there are both costs to the individual and costs to society in general. In the United States, economic costs due to smoking-attributable disease were estimated at $53.7 billion in 1984 and $65 billion in 1985. These costs include direct health care costs, indirect costs and other cost factors. Direct health care costs relating to smoking include hospitalization, physician services, nursing home care and medication. These costs are ordinarily paid by the individual, however, due to the large number of uninsured individuals in New York City and due to the fact that New York City pays a portion of Medicaid costs, the city is forced to bear a portion of the burden of direct health care costs relating to smoking. According to the New York City Department of Health, in 1989, direct health care costs attributable to smoking in New York City exceeded $550 million. Indirect costs due to smoking are the value of lost productivity, output or foregone manpower when smoking related illness and death cause lost time from work and from other productive activities. According to the Department of Health, in 1989, indirect costs due to smoking exceeded $1.3 billion in New York City.

The Council concludes that the enormous public costs resulting from tobacco addiction must be decreased by attempting to discourage all New Yorkers from the use of tobacco products. The Council deems the placement of tobacco product advertisements on certain property owned or operated by the city and certain property or facilities licensed by the city, inappropriate and contrary to the general welfare of the city's residents. It is the Council's desire to eliminate tobacco product advertisements from such properties and facilities. However, if such tobacco product advertisements are permitted on these properties and facilities, it is the intention of the Council to require the placement of at least one public health message for every four tobacco advertisements placed or appearing in or on certain property and facilities owned or operated, in whole or in part, by the City of New York and certain property and facilities licensed by the City of New York. It is not the intent of the Council to require the placement or display of such public health messages on privately owned real property.

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[Consolidated provisions are not included in this Appendix A]

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§ 7. This local law shall take effect one hundred and eighty days after its enactment into law. Actions necessary to prepare for the implementation of this local law may be taken prior to the effective date.