Skip to code content (skip section selection)
Compare to:
New York City Overview
The New York City Charter
The New York City Administrative Code
The Rules of the City of New York
THE RULES OF THE CITY OF NEW YORK
Title 1: Department of Buildings
Title 2: Board of Standards and Appeals
Title 3: Fire Department
Title 6: Department of Consumer and Worker Protection
Title 9: Procurement Policy Board Rules
Title 12: Franchise and Concession Review Committee
Title 15: Department of Environmental Protection
Title 16: Department of Sanitation
Title 17: Business Integrity Commission
Title 19: Department of Finance
Title 20: Tax Appeals Tribunal
Title 21: Tax Commission
Title 22: Banking Commission
Title 24: Department of Health and Mental Hygiene
Title 25: Department of Mental Health and Retardation [Repealed]
Title 28: Housing Preservation and Development
Title 29: Loft Board
Title 30: Rent Guidelines Board
Title 31: Mayor's Office of Homelessness and Single Room Occupancy
Title 34: Department of Transportation
Title 35: Taxi and Limousine Commission
Title 38: Police Department
Title 38-A: Civilian Complaint Review Board
Title 39: Department of Correction
Title 40: Board of Correction
Title 41: Department of Juvenile Justice
Title 42: Department of Probation
Title 43: Mayor
Title 44: Comptroller
Title 45: Borough Presidents
Title 46: Law Department
Title 47: Commission on Human Rights
Title 48: Office of Administrative Trials and Hearings (OATH)
Title 49: Department of Records and Information Services
Title 50: Community Assistance Unit
Title 51: City Clerk
Title 52: Campaign Finance Board*
Title 53: Conflicts of Interest Board
Title 55: Department of Citywide Administrative Services
Title 56: Department of Parks and Recreation
Title 57: Art Commission
Title 58: Department of Cultural Affairs
Title 60: Civil Service Commission
Title 61: Office of Collective Bargaining
Title 62: City Planning
Title 63: Landmarks Preservation Commission
Title 66: Department of Small Business Services
Title 67: Department of Information Technology and Telecommunications
Title 68: Human Resources Administration
Title 69: Department of Aging
Title 70: In Rem Foreclosure Release Board
Title 71: Voter Assistance Commission
Title 72: Office of Emergency Management
Title 73: Civic Engagement Commission
§ 6-12 Tobacco Retail Dealer Penalty Schedule.
All citations are to of the Administrative Code of the City of New York, of the Administrative Code of the City of New York, Title 24 of the Rules of the City of New York, or the New York Public Health Law.
Unless otherwise specified, the penalties set forth for each section of law or rule shall also apply to all subdivisions, paragraphs, subparagraphs, clauses, items, or any other provision contained therein. Each subdivision, paragraph, subparagraph, clause, item, or other provision charged in the Notice of Violation shall constitute a separate violation of the law or rule.
Unless otherwise specified by law, for violations of of the Administrative Code, a second or third or subsequent violation means a violation by the same respondent, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement for violating the same provision of law or rule, within three years of the prior violation(s).
Unless otherwise specified by law, for violations of § 17-176.1 of of the Administrative Code or of 24 RCNY § 13-03, a second or third or subsequent violation means a violation by the same respondent, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement for violating the same provision of law or rule, within five years of the prior violation(s).
For sections of law marked by a single asterisk (*), a second, third or subsequent violation means a violation of § 17-703, § 17-703.2, § 17-704, Subdivision (a) of § 17-704.1, § 17-705, or subdivisions (a) or (b) of § 17-706 of of the Administrative Code, or any combination of such provisions, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement, at the same place of business within a three-year period.
Unless otherwise specified by law, for violations of § 17-715 of of the Administrative Code, a second or third or subsequent violation means a violation by the same respondent, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement for violating the same provision of law or rule, within three years of the prior violation(s).
At a hearing, points assigned to a respondent's New York State tobacco registration record may be reduced, pursuant to New York Public Health Law § 1399-ee(3)(a).
In certain cases, the Department may ask for license suspension, revocation, or sealing as permitted by statute. If a respondent is found in violation of multiple provisions that require a suspension period, the suspension periods shall run concurrently.
The parties shall be authorized to present evidence to mitigate the license revocation or suspension period within the date range marked by two asterisks (**).
 
Citation
Violation Description
First Violation
First
Default
Second Violation
Second Default
Third and Subsequent Violation
Third and Subsequent Default
Admin Code
§ 20-202(a)(1)
Engaging in unlicensed tobacco retail dealer activity
$2,000, plus $100 per day
$2,000, plus $100 per day
$2,000, plus $100 per day
$2,000, plus $100 per day
$2,000, plus $100 per day
$2,000, plus $100 per day
Admin Code
§ 20-202(a)(2)
Permitting premises to be used for unlicensed tobacco retail dealer activity
$1,500
$2,000
$1,800
$2,000
$2,000
$2,000
Admin Code
§ 20-202(d)(2)
Failure to display license conspicuously
$1,500
$2,000
$1,800
$2,000
$2,000
$2,000
Admin Code
§ 20-203
Failure to comply with recordkeeping and inspection requirements
$1,500
$2,000
$1,800
$2,000
$2,000
$2,000
Admin Code
§ 20-205
Engaged in prohibited sales or purchases
$1,500
$2,000
$1,800
$2,000
$2,000
$2,000
Admin Code
§ 17-176.1(b)
Selling discounted cigarettes
$1,000
$1,000
$2,000
$2,000
$5,000
$5,000
Admin Code
§ 17-176.1(c)
Selling discounted tobacco products
$1,000
$1,000
$2,000
$2,000
$5,000
$5,000
Admin Code
§ 17-176.1(d)
Selling cigarettes or tobacco products below the price floor
$1,000
$1,000
$2,000
$2,000
$5,000
$5,000
Admin Code
§ 17-703*
Operating as a wholesale dealer without a license
$5,000
$5,000
$10,000 (plus revocation)
$10,000 (plus revocation)
$10,000 (plus revocation)
$10,000 (plus revocation)
Admin Code
§ 17-703.1
Failure of retail dealer to post sign in conspicuous place that cigarettes must be in packages bearing valid tax stamps
$500
$500
$500
$500
$500
$500
Admin Code
§ 17-704(a)*
Selling or offering for sale cigarettes or tobacco products that have been removed from packaging that bears a health warning
$1,000
$1,000
$2,000 (plus revocation)
$2,000 (plus revocation)
$2,000 (plus revocation)
$2,000 (plus revocation)
Admin Code
§ 17-704(a-1) through (f)*
Violation of minimum package sizes for cigarettes or tobacco products
$1,000
$1,000
$2,000
$2,000
$2,000
$2,000
Admin Code
§ 17-704.1(a)*
Unlawful delivery of cigarettes or tobacco products
$1,000
$1,000
$2,000 (plus revocation)
$2,000 (plus revocation)
$2,000 (plus revocation)
$2,000 (plus revocation)
Admin Code
§ 17-705*
Failure to comply with age restrictions on handling
$1,000
$1,000
$2,000 (plus revocation)
$2,000 (plus revocation)
$2,000 (plus revocation)
$2,000 (plus revocation)
Admin Code
§ 17-706(a)*
Unlawful sale of cigarettes, tobacco products, or liquid nicotine to an individual under 21
$1,000
$1,000
$2,000 (plus revocation)
$2,000 (plus revocation)
$2,000 (plus revocation)
$2,000 (plus revocation)
Admin Code
§ 17-706(b)*
Unlawful sale of non-tobacco smoking products to an individual under 18
$1,000
$1,000
$2,000 (plus revocation)
$2,000 (plus revocation)
$2,000 (plus revocation)
$2,000 (plus revocation)
Admin Code
§ 17-706(c)
No minimum age sign violation/missing information on sign
$500
$500
$500
$500
$500
$500
Admin Code
§ 17-715
Unlawful sale of flavored tobacco
$1,000
$1,000
$2,000
$2,000
$5,000 (plus 1 to 90 day suspension)**
$5,000 (plus one year suspension)
NY Pub Health
§ 1399-CC(2) (sign)
Failure to conspicuously post the required tobacco sign
$1,500
$1,500
$2,500
$2,500
$2,500
$2,500
NY Pub Health
§ 1399-CC(2) (sale)
Unlawful sale of tobacco products, herbal cigarettes, liquid nicotine, shisha or electronic cigarettes to an individual under eighteen years of age
$1,500 (plus 2 poi0nts on NYS registration)
$1,500 (plus 2 points on NYS registration)
$2,500 (plus 2 points on NYS registration)
$2,500 (plus 2 points on NYS registration)
$2,500 (plus 2 points on NYS registration)
$2,500 (plus 2 points on NYS registration)
NY Pub Health
§ 1399-CC(3)
Failure to obtain proper identification from purchaser
$1,500
$1,500
$2,500
$2,500
$2,500
$2,500
NY Pub Health
§ 1399-CC(5)
Improper use of the electronic transaction information
$1,000
$1,000
$1,000
$1,000
$1,000
$1,000
NY Pub Health
§ 1399-CC(7)
Failure to store tobacco products or herbal cigarettes behind a counter accessible only to store personnel or in a locked container
$1,500
$1,500
$2,500
$2,500
$2,500
$2,500
NY Pub Health
§ 1399-DD
Unlawful sale of tobacco products, herbal cigarettes, or electronic cigarettes in vending machines
$1,500
$1,500
$2,500
$2,500
$2,500
$2,500
NY Pub Health
§ 1399-EE(2)
Unlawful sale of tobacco products or herbal cigarettes with a suspended or revoked NYS tobacco registration
$2,500
$2,500
$2,500
$2,500
$2,500
$2,500
NY Pub Health
§ 1399-GG
Unlawful out-of-package sales or minimum package size
$1,500
$1,500
$2,500
$2,500
$2,500
$2,500
NY Pub Health
§ 1399-LL
Failure to comply with regulations prohibiting the sale of bidis
$500
$500
$500
$500
$500
$500
NY Pub Health
§ 1399-MM
Failure to comply with the regulations prohibiting the sale of gutka
$500
$500
$500
$500
$500
$500
 
 
 
 
 
 
 
 
24 RCNY
§ 13-03
Failure to comply with price floors for little cigars, cigars, smokeless tobacco, snus, shisha, non-tobacco shisha, or loose tobacco
$1,000
$1,000
$2,000
$2,000
$5,000
$5,000
24 RCNY
§ 28-06
Unlawful sale of tobacco product or non- tobacco product designed for consumption through the inhalation of smoke not in original packaging
$1,000
$1,000
$1,000
$1,000
$1,000
$1,000
 
(Added City Record 8/22/2016, eff. 8/22/2016; amended City Record 7/6/2018, eff. 8/5/2018; amended City Record 1/14/2019, eff. 2/13/2019; amended City Record 11/4/2020, eff. 12/4/2020)