Illegal Sale of Cigarettes and Tobacco to Minors

New York State has enacted legislation contained in the Public Health Law which governs the majority of rules governing tobacco regulation in New York state. This is commonly referred to as ATUPA or the Adolescent Tobacco Usage Prevention Act.

If you are a business owner accused of illegally selling cigarettes to minors, you should have the attorneys at Joseph P. Villanueva, Attorneys At Law representing you. Call us now at 914-723-7900 to set up your confidential consultation.

"Selling cigarettes to a minor

can be a misdemeanor. Having

the right lawyer, can save your

license and prevent you from

having a criminal record."


Local counties such as Westchester County, Rockland County, and Nassau County have the option to create local laws modifying and enhancing the state laws. The Westchester County Board of Legislators has enacted local laws that prohibit the sale of cigarettes to minors under 18 years old. Merchants who do so could be fined and lose their lottery and cigarette license.

Some local restrictions:

Tobacco must be behind the service counter or locked. A person at least 18 years of age or older has to supervise the sale of tobacco. Tobacco vending machines be located at least 20 feet from an outside door and be equipped with a lock-out device
that requires activation by a bartender or person in charge. It is also illegal to sell herbal cigarettes to a minor in Westchester.

Any person who violates the laws prohibiting the sale of tobacco to minors can be subject to civil penalties, lose their lottery license, and can be guilty of a Class B misdemeanor. A misdemeanor conviction is a crime for which you can have a permenant criminal record and be sentenced to incarceration.

Call us today for a confidential consultation at 914-723-7900.

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