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Local Law Filing • . New York state Department of state , Division pf Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue • • • • Albany, NY 12231-0001 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ^County GCity OTown DVillage (Selectone:) j of Cortland F I L E D STATE RECORDS JUL 1 3 2016 Local Law No. 10 DEPARTMENT OF S T A T i of the year 2016 A local law of 2016 - to Raise the Legal Age for Purchase of Tobacco Products (Insert Title) in Cortland to 21 Be it enacted by the Legislature ofthe (Name oILegislative Body) [x]County nCity DTown DVillage (Select one:) I • • ' • ' of Cortland as follows: See attached (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-0239-f-l (Rev. 02/10) Page 2 of 4 ---PAGE BREAK--- (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify tliat the local law annexed hereto, designated as locaMaw No. the (County)(City)(Town)(Village) of Cortland . , f Cortland County Legislature on June, 23 (Name of Legislative Body) provisions of law. 10 of 20 16 of 20 16 was duly passed by the in accordance with the applicable 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. the (County)(City)(Town)(Village) of ; \ ; ' , [ of 20 of was duly passed by the on (Name of Legislative Body) (repassed after disapproval) by the. on 20 (Elective Chief Executive Officer*) I, in accordance w ith the applicable provisions of law. 2 0 _ , and was (approved)(not approved) and was deemed duly adopted 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. the (County)(City)(Town)(Village) of ' ' ' of 20. of (Name of Legislative Body) (repassed after disapproval) by the on 20 was duly passed by the , and was (approved)(not approved) .on .20 (Elective Chief Executive Officer*) Such local law was siibmitted to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote of a majority of tijie qualified electors voting thereon at the (g'eneral)(special)(anndal) election held on 20_ _ , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. the (County)(City)(Town)(Village) of • • ' • - , - • - of 20. of on. .20 .on (Name of Legislative Body) (repassed after disapproval) by the " • ' ' ' j (Elective Chief Executive Officer*) • law was subject to permissive referendum and no valid petition requesting such referendum was filed as of. 20 , in accordance with the applicable provisions of law. • . was duly passed by the and was (approved)(not approved) ' • 20 . Such local * Elective Chief Executive Officer means or includes the chief executive officer of a cpunty elected on a county-wide basis or, if there be none, the chaii"person of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. . DOS-0239-f-l (Rev. 02/10) Page 3 of 4 ---PAGE BREAK--- 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that th'e local law annexed hereto, designated as local law No , of 20^ of the City of j having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on. 20_ became operative. 6; (County local law concerning adoption of Charter.) of 20. of I hereby certify that the local law annexed hereto, designated as local law Nn the County of ! State of New York, having been submitted to the electors at the General Election of November : _ l 20 , pursuantto subdivisions 5 and 7 of section 33 ofthe MunicipalHome Rule.Law, and having received the affirmativp vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a uriit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certificatipn.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and ofthe whole of such original Ibcal la\^^nd wasfinaily adopted in the rqanner indicated in paragraph above. Clerk of legislative body, CityrTown or Village Clerk or officer da^nated by local legislative body (Seal) Date: &fm/G (Certification to be executed by County Attorney, Corporation Counsel, Tpwn Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEWLYORKi COUNTY OF WYORKi I I I, the undersigned, hereby certify that the foregoing Ipcal law contains the^correct text and that all proper proceedings have been had or taken for the enactment of the Ipcal law annexed hereto • • " • • ^ u iignature County Attorney .Title County City i^j: Cortland Town; ~ ~ Village' Date: .DOS-0239-f-l (Rev. 02/10) Page 4 of 4 ---PAGE BREAK--- ON MOTION OF MARY ANN DISCENZA RESOLUTION NO. 271-16 Local Law 10 of 2016 - to Raise the Legal Age for Purchase of Tobacco Products in Cortland County to 21 WHEREAS, the County of Cortland desires to protect the public interest, welfare and health of all persons within the confines of the County of Cortland by the adoption of this local law which will help ensure that the sale of tobacco products to individuals under 21 will be prohibited as it is harmful to such persons, and thereby delay or prevent tobacco initiation. WHEREAS, approximately 96% of smokers begin snioking before age 21 with most beginning before age 16. Smokers frequently transition from experimentation to addiction between the ages of 18 and 21. NOW THEREFORE, BE IT ENACTED by the County Legislature of the County of Cortland, New Ybrk, as follows: . Section 1. Legislative Findings and Intent. The sale in Cortland County of tobacco and related products to individuals under twenty-one years of age should be prohibited in order to: • a) further the goals ofNew York State's tobacco use prevention and control program, as identified in New York State Public Health Law §1399-ii; b) respond to the fact that tobacco is the leading cause of preventable death and disease in New York State; • . • c) respond to findings made by the Institute. of Medicine, which prepared a report at the request of the U.S. Food and Drug Administration entitled "Public Health Implications of RaisiJg the Minimum Age of Legal Access to Tobacco Products," concluding and suggesting that: i. adolescent brains are uniquely vulnerable to the effects of nicotine; ii. a yoimger age of initiation is strorigly associated with greater nicotine dependence and is also associated with greater intensity and persistence of : smoking beyond adolescence and into adulthood; iii. almost one in five high school seniors is a current cigarette smoker; iv. underage users rely primarily on social sources, such as friends and family, to acquire tobacco, and most of these sources are likely to be between eighteen and twenty years old; v. raising the minimum legal age to twenty-one will mean that those who can legally obtain tobacco are less likely to be in the same social networks as high school students; ---PAGE BREAK--- vi. delaying initiation rates will likely decrease the prevalence of tobacco users in the U.S. population; and' vii. raising the minimum legal age will likely immediately improve the health of adolescents and young adults by reducing the number of those with adverse physiological effects; d) address the fact that, •when adjusted for age, 21.5 percent of adults in Cortland County . smoke, which is the t'wenty seventh highest county smoking rate in the State; e) respond to fmdirigs that most (nearly 90%) of those addicted to tobacco, start using tobacco before twenty-one years of age; f) respond to the gro-wing rates of electronic cigarette use among youth, which expose users to unhealthy levels 6f nicotine and other unknown harmful chemicals; g) reduce the exposure of our youth to; disease-causing toxins iri secondhand smoke and in chemicals emitted from electronic cigarettes, liquid nicotine, shisha, herbal cigarettes, and 0Ither Prohibited Products as defmed herein; h) evidence-based strategies to address the public health issues that result from tobacco use including but npt limited to cancer, heart disease, and lung disease; i) prevent exposure of youth, who are particularly susceptible to addiction, to the chemically addictive effects of tobacco and related products, in an effort to improve pubiie wellness and reduce health insurahice expenditures; and j) protect young County residents frorn the unregulated and unknown effects of electronic cigarettes, herbal cigarettes, and other Prohibited Products. Section 2. Defmitions a) "Prohibited Products" means: cigarettes, cigars, chewing tobacco, powdered tobacco, shisha, bidis, gutka, other tobacco products, nicotine water, herbal cigarettes, electronic cigarettes, liquid nicotine, snuff, rolling papers, and smoking paraphernalia, as those terms are defined in New York State Public Health Law Article 13-F and, when not so defined, as commonly understood to be defined; and u. all other products which are prohibited from being sold to minors by New York State Public Health Law Article 13-F, as the same may be amended from time to time.. b) "Enforcement Officer" means the County of Cortland Board of Health. Section 3. Policy. a) The sale of Prohibited Products to those under the age of twenty-one is prohibited in ---PAGE BREAK--- Cortland County to the same extent that sale of such , products to those under eighteen years of age is prohibited by New York State Public Health Law Article 13-F, as the same may be amended from time to time. b) The identification requirenients contairied in New York State Public Health Law Article 13-Fj Section 1399-cc(3), as the same may be amended from time to time, are hereby incorporated into this law by reference, except that the age to be proven by such identification shall be twenty-one. c) Prohibited Products may not be sold in vending machines located in the County. d) No person operating a place of business wherein Prohibited Products are sold or offered for sale shall sell, permit to be sold, offer for sale or display for sale any Prohjbited Product in any manner, unless such Product is stored for sale behind a counter in an area accessible only to the personnel of such business, or in a locked container; provided, however, such restriction shall not apply to tobacco businesses as defined in subdivision eight of §1399-aa of New York State Public Health Law Article 13-F, as the same may be amended from time to time, and to places to which admission is restricted to persons twenty-one years of age or older. Section 4. Posting of Signs Vendors of Prohibited Products shall post a sign in a conspicuous place imprinted with the statement "SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, SHISHA, BIDIS, GUTKA OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES, ROLLING PAPERS, OR SMOKING PARAPHERNALIA, TO PERSONS UNDER TWENTY-ONE YEARS OF AGE, IS PROHIBITED BY LOCAL LAW." Such sign shall be printed on a white card in red letters at least one-half inch in height? Signs shall be protected from tampering, darhage, removal, or concealment. In the event additional sign language is required due to changes to New York State Public Health Law Article .13-F, vendors..shall add such additional, language to their signs, including, but not limited to, reference to additional products which may become prohibited for sale to minors. Section 5. En orcement. a) The Enforcement Officer is charged with ensuring compliance with this Local Law. b) In the event a violation of this Law also constitutes a violation of New York State Public Health Law, as the same may be amended from time to time, the Enforcement Officer shall take enforcement action pursuant to and in accordance with New York State Public Health Law Article 13-F §1399-ee, as the same may be amended from time to time. c) For a Public violation of this Law which does not constitute a viplation .of New York State Health Law: . ---PAGE BREAK--- i. the Enforceriient Officer niiay issue and serve upon the person complained against a written hearing notice, in accordance with the provisions of the Cortland County Sanitary Code, together with the complaint made against him or her. The Complaint shall specify the .provision(s) of this. Local Law of which such person is alleged to be in violation, accoiripanied by a statement of the manner in \yhich that person is alleged to have violated it, and shall require the person so complained against to answer the charges of such complaint at a public hearing before the Board of .Health or its designated hearing officer, at a specified location, date, and "time, not fewer than fifteen (15) days after the date of service of the notice; ii. notwithstanding the above, the Board of Health pr its designee may, in its discretion, offer a prpposed stipulation to the person complained against, in which case the person complained against will have the option of executing the proposed stipulation within any tirrie frame speibified, or proceeding with a . formal hearing; V iii. when the Enforcement Officer determines after a hearing that a violation of this Local: La\y has occurred, a civil penalty may be imposed by the Enforcement Officer pursuant to Section'6 of this Local Law. Nothing herein shall be construed as prohibiting an Enforcement Officer from commencing a proceeding for injunctive relief to compel compliance with this Local Law; iv. any person who desires to register a complaint under this Local Law may do so through the Enforcemerit Officer; ' . v. the decision of the Enforcement Officer shall be reviewable pursuant to Article 78 of the Civil Practice Law and Rules; and vi. the Enforcemerit . Officer, subsequent to any appeal having been finally determined, may bring an action in a court of proper jurisdiction to recover the civil penalty assessed in accordance with Section 6 of this Local Law. Section 6. Violations and Penalties: Viplation of ariy provision of this Local Law. shall be,punishable by a civil penalty in an amount determined by the Cortland. County Board ofHealth, within the parameters of.the minimum and maximum penalties set forth iri New York State Public Health Law §1399-ee(2), as the same may be amended from time to time. Section 7. Severability. If any clause, thereof tp any sentence, paragraph,, subdivision, sectiori, or part of this law or the application person, individual,'corporation, firm, partnership, or business shall be adjudged by any court of competent jurisdiction to be invalid or uncoristitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation ---PAGE BREAK--- to the clause, sentence, paragraph, subdivision, sectiori, or part of this law, or in its specific application. Section 8. E fective Date. This local law shall become effective October 1, 2016. STATE OF NEjW YORK ) SS: COUNTV OF CORTLAND) This is to certify that I, the undersigned. Clerk of the Cortland County Legislature, have compared the foregoing copy with the original!now on file in this office", and that the above actions were passed by the Cortland County Legislature on the 23rd day of June, 2016 and that the same is a correct and true transcript of such actions taken. IN WITNESS WHEREOF I have hereunto set my hand • • and the official seal ofthe CORTLAND COUNTY , LEGISLATURE, this, 23rd day of June, 2016. EncJ.Mulvilaill Cl erk 0 f the. C ortlanjd ,C ounty Legi slature