MAYOR GIULIANI SIGNS INTRO. NUMBER 951-A, PROHIBITING OR RESTRICTING TOBACCO ADVERTISEMENTS 1000 FEET AROUND SCHOOLS AND OTHER YOUTH ESTABLISHMENTS
LAW IS ONE OF THE STRICTEST ANTI-TOBACCO LAWS IN THE COUNTRY
Mayor Rudolph W. Giuliani today signed City Council Bill Number 951-A, a law that amends the Administrative Code of the City of New York to prohibit or restrict the advertisement and promotion of tobacco products in order to decrease the sales of cigarettes to minors. Under an agreement between the Mayor and City Council Speaker, businesses will have now six months to fully comply. With his signature, the Mayor signs into law one of the strictest anti-tobacco laws in the country.
"It is with the best of intentions -- to decrease the sale of cigarettes to minors -- that today I signed City Council Bill Number 951-A bill into law," the Mayor said. "This law makes it unlawful for any person to place or maintain a tobacco product advertisement within 1000 feet, in any direction, of any school, day-care center, youth center or amusement arcade. The restrictions apply to any outdoor area, as well as, with certain exceptions, to the interior of buildings or retail establishment. Furthermore, the bill places restrictions on a tobacco manufacturer's use of product names and logos at sporting and cultural events, as well as on the distribution of tobacco promotional products to minors.
"With regard to the two major concerns I previously expressed -- the burden the 60-day effective date placed on businesses and the constitutionality of the law's 1000 foot restriction -- they have now been resolved. With respect to the effective period, Speaker Peter Vallone has agreed to amend this date so all affected parties have six months to comply. In addition, I have been advised by Corporation Counsel that the proposed law's prohibitions -- the 1000-foot prohibition -- appear to be constitutionally defensible."
The law also establishes strong civil penalties to ensure compliance with the aforementioned requirements. In addition to monetary fines, any licensed tobacco wholesaler or retailer who violates the proposed provisions law three times within an 18-month period, will have its license to sell tobacco products revoked by the City.
The bill passed the City Council on December 17, 1997. The bill was sponsored by City Council Speaker Peter Vallone, Council Members Williams, Robles and Fusco. On January 6, 1998, the Mayor held a public hearing to consider public testimony, at which time statements were heard on the bill's provisions.
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