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)