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a. Definitions. For purposes of this section, the following terms have the following meanings:
Abortion. The term "abortion" means (i) a procedure to terminate a pregnancy for purposes other than producing a live birth, including, but not limited to, a termination using pharmacological agents, and (ii) any services related to such procedure, including, but not limited to, any counseling before and after such procedure.
Abortion provider. The term "abortion provider" means a person who provides abortion procedures in accordance with New York state law, including, but not limited to, a hospital or a licensed medical provider.
Designated citywide languages. The term "designated citywide languages" has the same meaning as such term is defined in section 23-1101.
Healthcare provider. The term "healthcare provider" means a person who provides healthcare procedures in the city in accordance with New York state law, including, but not limited to, a hospital or a licensed medical provider.
Language access services. The term "language access services" means services provided in order to convey information to, or facilitate communication with, an individual whose preferred language is not English, and may include, but need not be limited to, interpretation services, translation services or communication by a person who is fluent in both English and the non-English speaker's preferred language.
b. Online abortion resource. No later than March 1, 2023, the department shall post on its website, and update as appropriate, information and resources for a potential patient of an abortion provider, which shall include, but need not be limited to, information outlining methods used to provide an abortion, attendant health risks and recovery from an abortion. Such information and resources shall be translated into the designated citywide languages.
c. Language access services needs assessment. No later than July 1, 2023, the department shall survey abortion providers in the city to assess the availability of language access services for abortion and the demand for such services. Such needs assessment shall include, but need not be limited to, a survey of:
1. Language access services used in connection with providing abortions;
2. Preferred methods for delivery of language access services used in connection with providing abortions;
3. Public and private funding for language access services used in connection with providing abortions; and
4. Implementation challenges with language access services used in connection with providing abortions.
d. Language access services needs report. No later than 30 days after completion of the needs assessment required by subdivision c of this section, the department shall submit a report to the mayor and the speaker of the council with recommendations resulting from such needs assessment and shall post such report on its website. Such report shall include, but not be limited to, the following information:
1. A summary of the findings of such needs assessment;
2. Recommendations for language access services based on such findings;
3. In consultation with the mayor's office of immigrant affairs, recommended best practices for language access services and for identifying providers of language access services; and
4. An assessment of actions the city could take to assist abortion providers with access to language access services, including, but not limited to, the practicability of providing grants to abortion providers to assist in such access, and methods of connecting abortion providers with healthcare providers that have implemented language access services.
(L.L. 2022/093, 10/15/2022, eff. 2/12/2023)
a. The department shall, within six months of the effective date of this section, complete a study of the feasibility of reducing the amount of medical waste and other solid waste generated by any person licensed by the city or state of New York to provide health, medical, pharmaceutical or laboratory services. The study shall include, but not to be limited to, an analysis of:
1. the feasibility of switching from the use of disposable to reusable medical equipment, laboratory equipment, clothing, food service equipment and any other product for which there is a reusable substitute;
2. availability of reusable medical equipment, laboratory equipment, clothing, food service equipment and any other product for which there is a reusable substitute;
3. the historical shift from the use of reusable to disposable products;
4. the current composition of medical and other solid waste generated by hospitals and other health care facilities;
5. the present and future cost of using reusable products compared to the cost of using disposable products, including the costs associated with substituting products and any special physical needs, such as space requirements or new equipment;
6. the effects of waste reduction on hospital costs and the city's economy;
7. the environmental impacts of an increased use of reusable products compared to the continued incineration and landfilling of disposable products, both on and off-site of the generating facility; and
8. all relevant federal, state and local legislation and regulations.
b. The study shall also include a comprehensive waste reduction plan for medical waste and other solid waste generated by any person licensed by the city or state of New York to provide health, medical, pharmaceutical or laboratory services that shall include annual waste reduction goals for the next five years, a strategy for implementing such goals, a list of reusable materials and products that can be substituted for disposable materials and products where feasible, and any revisions to the city health code that are necessary to implement the waste reduction plan.
c. The commissioner shall, within six months of the effective date of this section, submit to the council a report on the findings of such study and any recommendations as to legislation or regulations that are necessary to implement the recommendations of the study.
a. Definitions. For purposes of this section:
(1) "Distribute" means to give, sell, deliver, offer to give, sell or deliver, or cause or hire any person to give, sell, deliver or offer to give, sell or deliver.
(2) "Less than basic cost" means free of charge, a nominal or discount price, or any other price less than the distributor's cost, to which shall be added the full value of any stamps or taxes which may be required by law.
(3) "Person" means any natural person, corporation, partnership, firm, organization or other legal entity.
(4) "Public event" means any event to which the general public is invited or permitted, including but not limited to musical concerts or performances, athletic competitions, public fairs, carnivals, flea markets, bazaars and artistic or cultural performances or exhibitions. A private function such as a wedding, party, testimonial dinner or other similar gathering in which the seating arrangements are under the control of the organizer or sponsor of the event, and not the person who owns, manages, operates or otherwise controls the use of the place in which the function is held, is not a public event within the meaning of this paragraph.
(5) "Public place" means any area to which the general public is invited or permitted, including but not limited to parks, streets, sidewalks or pedestrian concourses, sports arenas, pavilions, gymnasiums, public malls and property owned, occupied or operated by the city of New York or an agency thereof.
(6) "Tobacco product" means any product which contains tobacco that is intended for human consumption, including any component, part, or accessory of such product. Tobacco product shall include, but not be limited to, any cigar, little cigar, chewing tobacco, pipe tobacco, roll-your-own tobacco, snus, bidi, snuff, tobacco-containing shisha, or dissolvable tobacco product. Tobacco product shall not include cigarettes, electronic cigarettes or e-liquid or any product that has been approved by the United States food and drug administration for sale as a tobacco use cessation product or for other medical purposes and that is being marketed and sold solely for such purposes.
b. Distribution of tobacco products to the general public at less than basic cost prohibited in public places and at public events. No persons shall distribute a tobacco product for commercial purposes at less than the basic cost of such product to members of the general public in public places or at public events.
c. [Reserved.]
d. Penalties.
(1) Any person found to be in violation of this section shall be guilty of a misdemeanor and liable for a civil penalty of not more than five hundred dollars for the first violation and not more than one thousand dollars for the second and each subsequent violation.
(2) A proceeding to recover any civil penalty authorized pursuant to the provisions of this section shall be commenced by the service of a notice of violation which shall be returnable to the administrative tribunal established by the board of health or to any body succeeding the administrative tribunal. Such tribunal or its successor shall have the power to impose the civil penalties prescribed by this section.
(3) The corporation counsel may make an application to the supreme court for an order restraining the continued violation of this section or enjoining the future commission of such practice.
(Am. L.L. 2019/228, 12/16/2019, eff. 7/1/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/027, L.L. 2013/097 and L.L. 2019/228.
a. Definitions. For purposes of this section:
"Cigar" means any roll of tobacco for smoking that is wrapped in leaf tobacco or in any substance containing tobacco, with or without a tip or mouthpiece. Cigar does not include a little cigar as defined in this section.
"Cigarette" means any roll for smoking made wholly or in part of tobacco or any other substance, irrespective of size or shape and whether or not such tobacco or substance is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material but is not made in whole or in part of tobacco.
"Listed price" means the price listed for cigarettes or tobacco products on their packages or on any related shelving, posting, advertising or display at the place where the cigarettes or tobacco products are sold or offered for sale, including all applicable taxes.
"Little cigar" means any roll of tobacco for smoking that is wrapped in leaf tobacco or in any substance containing tobacco and that weighs no more than four pounds per thousand or has a cellulose acetate or other integrated filter.
"Loose tobacco" means any product that consists of loose leaves or pieces of tobacco that is intended for use by consumers in a pipe, roll-your-own cigarette, or similar product or device.
"Non-tobacco shisha" means any product that does not contain tobacco or nicotine and is smoked or intended to be smoked in a hookah or water pipe.
"Person" means any natural person, corporation, partnership, firm, organization or other legal entity.
"Price reduction instrument" means any coupon, voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or any other form, used for commercial purposes to receive an article, product, service, or accommodation without charge or at a discounted price.
"Retail dealer" means retail dealer as defined in section 20-201 of the code, and any employee or other agent of such retail dealer.
"Shisha" means any product that contains tobacco or nicotine and is smoked or intended to be smoked in a hookah or water pipe.
"Smokeless tobacco" means any tobacco product that consists of cut, ground, powdered, or leaf tobacco and that is intended to be placed in the oral or nasal cavity.
"Snus" means any smokeless tobacco product marketed and sold as snus, and sold in ready-to-use pouches or loose as a moist powder.
"Tobacco product" means any product which contains tobacco that is intended for human consumption, including any component, part, or accessory of such product. Tobacco product shall include, but not be limited to, any cigar, little cigar, chewing tobacco, pipe tobacco, roll-your-own tobacco, snus, bidi, snuff, shisha, or dissolvable tobacco product. Tobacco product shall not include cigarettes, electronic cigarettes or e-liquid or any product that has been approved by the United States food and drug administration for sale as a tobacco use cessation product or for other medical purposes and that is being marketed and sold solely for such purposes.
b. Prohibition on the sale of cigarettes for less than the listed price. No person shall:
(1) honor or accept a price reduction instrument in any transaction related to the sale of cigarettes to a consumer;
(2) sell or offer for sale cigarettes to a consumer through any multi-package discount or otherwise provide to a consumer any cigarettes for less than the listed price in exchange for the purchase of any other cigarettes by the consumer;
(3) sell, offer for sale, or otherwise provide any product other than cigarettes to a consumer for less than the listed price in exchange for the purchase of cigarettes by the consumer; or
(4) sell, offer for sale, or otherwise provide cigarettes to a consumer for less than the listed price.
c. Prohibition on the sale of tobacco products for less than the listed price. No person shall:
(1) honor or accept a price reduction instrument in any transaction related to the sale of tobacco products to a consumer;
(2) sell or offer for sale tobacco products to a consumer through any multi-package discount or otherwise provide to a consumer any tobacco product for less than the listed price in exchange for the purchase of any other tobacco product by the consumer;
(3) sell, offer for sale, or otherwise provide any product other than a tobacco product to a consumer for less than the listed price in exchange for the purchase of a tobacco product by the consumer; or
(4) sell, offer for sale, or otherwise provide tobacco products to a consumer for less than the listed price.
d. Price floors for cigarettes and tobacco products. No person shall sell or offer for sale to a consumer a package of cigarettes, tobacco products, or non-tobacco shisha, as such package is described in section 17-704, for a price less than the applicable price floor described in this subdivision. Any such price floor may be modified pursuant to paragraph 9 of this subdivision.
(1) The cigarette price floor shall be $13 per package of cigarettes, including all applicable taxes.
(2) The little cigar price floor shall be $10.95, excluding all applicable taxes.
(3) The cigar price floor shall be $8 for any cigar sold individually, excluding all applicable taxes. Notwithstanding subdivision c of section 17-176.1, the price floor for any package of cigars that contains more than one cigar and that has been delivered to a retail dealer in a package described by subdivision a of section 17-704 shall be computed by multiplying the number of cigars in the package by $1.75 and adding $6.25 to the total, excluding all applicable taxes.
(4) The smokeless tobacco price floor shall be $8 per 1.2 ounce package, excluding all applicable taxes. The price floor for packages larger than 1.2 ounces shall be computed by adding $2 for each 0.3 ounces or any fraction thereof in excess of 1.2 ounces, excluding all applicable taxes.
(5) The snus price floor shall be $8 per 0.32 ounce package, excluding all applicable taxes. The price floor for packages larger than 0.32 ounces shall be computed by adding $2 for each 0.08 ounces or any fraction thereof in excess of 0.32 ounces, excluding all applicable taxes.
(6) The shisha price floor shall be $17 per 3.5 ounce package, excluding all applicable taxes. The price floor for packages larger than 3.5 ounces shall be computed by adding $3.40 for each 0.7 ounces or any fraction thereof in excess of 3.5 ounces, excluding all applicable taxes.
(7) The non-tobacco shisha price floor shall be $17 per 3.5 ounce package, excluding all applicable taxes. The price floor for packages larger than 3.5 ounces shall be computed by adding $3.40 for each 0.7 or any fraction thereof ounces in excess of 3.5 ounces, excluding all applicable taxes.
(8) The loose tobacco price floor shall be $2.55 per 1.5 ounce package, excluding all applicable taxes. The price floor for packages larger than 1.5 ounces shall be computed by adding $0.51 for each 0.3 ounces or any fraction thereof in excess of 1.5 ounces, excluding all applicable taxes.
(9) The department may modify by rule the price floors described in this subdivision to account for changes in the New York - northern New Jersey - Long Island consumer price index, adjusted for inflation, or changes in taxes for any of these products.
e. The department shall promulgate any rules as may be necessary for the purpose of carrying out this section.
f. Penalties.
(1) Any person who violates subdivision b, c, or d of this section or any rule promulgated pursuant to any of such subdivisions shall be liable for a civil penalty in the following amounts:
(i) one thousand dollars for a first violation within a five-year period;
(ii) two thousand dollars for a second violation within a five-year period; and,
(iii) five thousand dollars for a third violation within a five-year period.
(2) No person shall be liable under this section for more than one violation of any of subdivisions b, c, or d during a single day.
(3) A violation of subdivision b, c, or d of this section by a retail dealer shall constitute a basis, pursuant to section 20-206 of the code, for the suspension or revocation of the license issued to such retail dealer for the place of business where such violation occurred.
g. Enforcement. The department, the department of consumer affairs, and the department of finance shall enforce the provisions of this section at the tribunals that are authorized to hear violations issued by such departments.
(Am. L.L. 2017/145, 8/28/2017, eff. 6/1/2018; Am. L.L. 2019/228, 12/16/2019, eff. 7/1/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/097, L.L. 2017/145 and L.L. 2019/228.
a. Definitions. For purposes of this section:
(1) "Distribution" means to give, sell, deliver, dispense, issue, offer to give, sell, deliver, dispense or issue, or cause or hire any person to give, sell, deliver, dispense, issue or offer to give, sell, deliver, dispense or issue.
(2) "Person" means any natural person, corporation, partnership, firm, organization or other legal entity.
(3) "Public place" means any area to which the public is invited or permitted.
(4) "Retail dealer" means "retail dealer" as defined in section 20-201.
(5) "Tavern" means an establishment where alcoholic beverages are sold and served for on-site consumption and in which the service of food, if served at all, is incidental to the sale of such beverages. Service of food shall be considered incidental if the food service generates less than forty percent of total annual gross sales. As used herein, the term "tavern" shall not be deemed to include a bar located in a public place in which the sale of alcoholic beverages is incidental to the primary purpose of the business or establishment conducted therein, except for a bar located in a public place which offers overnight accommodations. Examples of public places not deemed to be taverns within the definition of this paragraph include, but are not limited to, restaurants, catering halls, bowling alleys, billiard parlors, discotheques, theatres and arenas.
(6) "Tobacco product" means any substance which contains tobacco, including but not limited to cigarettes, cigars, smoking tobacco and smokeless tobacco.
(7) "Wholesale dealer" means "wholesale dealer" as defined in section 11-1301 of the administrative code.
(8) "Vending machine" means any mechanical, electronic or other similar device which dispenses tobacco products.
b. Distribution of tobacco products through vending machines prohibited. No person shall permit the distribution of a tobacco product through the operation of a vending machine in a public place. This prohibition shall not apply to the distribution of tobacco products in a tavern.
c. Distribution of tobacco products in a tavern. Tobacco products may be distributed in a tavern only in the following ways:
(1) through a vending machine which must be (i) placed at a distance of a minimum of 25 feet from any entrance to the premises; and (ii) directly visible by the owner of the premises, or his or her employee or agent, during the operation of such vending machine; or
(2) directly by the owner of the premises, or his or her employee or agent.
d. Identification of vending machines. A wholesale dealer or retail dealer shall post a durable sign on any vending machine which such dealer is licensed to own, operate or maintain. Such sign shall be visible to the general public and provide the applicable license number and expiration date and the license holder's name, place of business and phone number.
e. Enforcement. The department shall enforce the provisions of this section. In addition, designated enforcement employees of the department of buildings, the department of consumer and worker protection, the department of environmental protection, the fire department and the department of sanitation shall have the power to enforce the provisions of this section.
f. Violations and penalties.
(1) Any person found to be in violation of this section shall be liable for a civil penalty of not more than three hundred dollars for the first violation; not more than five hundred dollars for the second violation; and not more than one thousand dollars for the third and all subsequent violations. In addition, for a third and subsequent violations, any person who engages in business as a wholesale dealer or retail dealer shall be subject to the suspension of his or her license, for a period not to exceed one year, after notice and the opportunity for a hearing before the commissioner of finance or his or her designee. A wholesale dealer who owns, operates or maintains a vending machine placed in violation of subdivision b or paragraph (1) of subdivision c of this section shall be liable only if he or she has knowledge of the violation. The department shall promptly give written notice to the wholesale dealer identified on the sign required by subdivision d of this section of any such violation by an owner of the premises, or his or her employee or agent. For purposes of this section, such notice shall be prima facie evidence that the wholesale dealer has knowledge of future violations of subdivision b or paragraph (1) of subdivision c of this section.
(2) A proceeding to recover any civil penalty authorized pursuant to the provisions of this subdivision shall be commenced by the service of a notice of violation which shall be returnable to the administrative tribunal established by the board of health or to any body succeeding the administrative tribunal. Such tribunal or its successor shall have the power to impose the civil penalties prescribed by this section.
(3) The penalties provided by this subdivision shall be in addition to any other penalty imposed by any other provision of law or regulation thereunder.
g. Construction. Nothing in this section shall be construed to prohibit the following:
(1) the transfer of an existing vending machine from placement in a premises prohibited pursuant to subdivision b of this section to placement in a tavern; or
(2) the initial placement of a vending machine in a tavern.
(Am. L.L. 2017/146, 8/28/2017, eff. 2/24/2018; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/067, L.L. 2017/146 and L.L. 2020/080.
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