§ 754-6. Penalties for offenses., Chapter 754. Smoking, Part II. Regulatory Local Laws, Code of Ordinances, Suffolk County

Any person who violates any provision of this chapter shall be subject to the imposition of a civil fine by the Commissioner of the Department of Health Services not exceeding $250 for each violation. Each day or part of a day on which a violation continues shall constitute a separate violation.

In addition, any willful violation by an owner, operator, lessor or lessees of Subsection K or L of § 754-3 of this chapter shall constitute an unclassified misdemeanor, punishable by a fine of up to $1,000 and/or six months in jail. Each violation shall be deemed a separate offense. Knowing possession of a vending machine that is operated without tokens or a lockout device as required by this chapter shall be deemed a willful violation of Subsection K of § 754-3 of this chapter.

[Amended 1-3-2005 by L.L. No. 5-2005]

Editor's Note: For the County's intent in adopting this local law and other substantive provisions restricting the sale of cigarettes to persons under the age of 19, see Ch. 792, Tobacco Products, Art. I.

Condemnation of vending machines.

(1)

Whenever any official of the County Department of Health Services (Department) inspects any vending machine and finds that it does not comply with the standards, specifications, tolerances or variations allowable as established by this chapter or rules or regulations of the Department, he or she shall condemn the same and either seize it or order it repaired or removed. In the case of a seizure, such device or equipment may be disposed of only as directed by the Department or its authorized agent.

(2)

No person shall use or attempt to use any vending machine to which there has been affixed or upon which there has been placed any condemnation tag unless such condemnation tag has been removed therefrom by a Department official.

(3)

No person, except a Department official, shall remove any such condemnation tag or obliterate, cover, obstruct or deface the same or cause any of the foregoing.

Editor's Note: Former Subsection F, which immediately followed this subsection, regarding sale of herbal cigarettes, was repealed 1-3-2005 by L.L. No. 5-2005. See now Ch. 792, Tobacco Products.

Editor's Note: This local law was adopted by the Legislature after disapproval by the Executive 11-2-1990.