New York Information
NY News from NYC C.L.A.S.H.
Charles Schumer [NY]:
Washington, 202-224-6542(phone), 202-228-3027(fax)
Binghamton, 607-772-6792(phone), 607-772-6792(fax)
Rochester, 585-263-5866(phone), 585-263-5866(fax)
Buffalo, 716-846-4111(phone), 716-846-4111(fax)
Red Hook, 914-285-9741(phone), 914-285-9741(fax)
Melville, 631-753-0978(phone), 631-753-0978(fax)
New York, 212-486-4430(phone), 212-486-4430(fax)
Albany, 518-431-4070(phone), 518-431-4070(fax)
Syracuse, 315-423-5471(phone), 315-423-5471(fax)
Hillary Rodham Clinton [NY]:
Washington, 202-224-4451(phone), 202-228-0282(fax)
Buffalo, 716-854-9725(phone), 716-854-9725(fax)
Albany, 518-431-0120(phone), 518-431-0120(fax)
New York, 212-688-6262(phone), 212-688-6262(fax)
Hartsdale, 914-725-9294(phone), 914-725-9294(fax)
Lowville, 315-376-6118(phone), 315-376-6118(fax)
Melville, 631-249-2825(phone), 631-249-2825(fax)
Syracuse, 315-448-0470(phone), 315-448-0470(fax)
Rochester, 585-263-6250(phone), 585-263-6250(fax)
Tobacco Taxes
New York's excise tax per pack of cigarettes: $1.500
New York's excise tax collection for the
fiscal year ending June 2002: $1,066,093,000
Sales tax on tobacco products: 4.00%
Local tax on tobacco products: $28,100,000
Federal excise tax per pack of cigarettes: $0.39
Total federal excise tax collections in fiscal year 2002: $7,512,700,000
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Who Profits from
Cigarette Sales? 
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Comparing Excise Taxes on Cigarettes, Beer and Wine
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Number of six-packs of beer that must be sold in New York to produce the same state excise tax revenue generated by one carton of cigarettes: 197.5 |
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Number of bottles of wine that must be sold in New York to produce the same state excise tax revenue generated by one carton of cigarettes: 400.6 |
New York Smokers' Contributions
to the State Economy - FY2002
In 2001, New York smokers comprised only 23.2%1 of the adult population in the state. Here is what they already pay because they choose to buy a legal product:
Smokers Pay Excise Taxes2 |
$ |
1,006,266,887 |
Smokers Pay Sales Taxes2 |
$ |
153,327,216 |
Smokers Pay Local Excise Taxes3 |
$ |
28,319,600 |
Smokers Pay Tobacco Settlement Payments4 |
$ |
913,194,475 |
|
$ |
2,101,108,178 |
Smokers' Economic/Tax Profile 2001
New York smokers' median household income |
$ |
39,408 |
New York nonsmokers' median household income |
$ |
43,762 |
- Working Families Pay More1
30.1% of New York smokers had household income LESS THAN $25,000
18.4% of New York smokers had household income EQUAL TO or GREATER THAN $75,000
The impact of smoker payments on the incomes of working families was more than THREE TIMES the impact on higher income smokers. Those who can afford it least pay a disproportionate percentage of their hard-earned income in smoker payments.
- Smoker excise tax/sales tax/tobacco settlement payments liability in 20025
Total average paid per New York smoker in excise and sales taxes |
$ |
358 |
Cost per New York smoker for settlement payments to New York |
$ |
275 |
Total annual payments to New York per smoker |
$ |
633 |
Total annual payments to New York per nonsmoker |
$ |
0 |
New York Smoker Facts 6
- Total smokers' payments to New York in FY2002 were:
- Nearly 12 times as large as FY2002 state excise taxes on alcoholic beverages ($178.2 million).
- More than three times as large as FY2002 motor fuels tax collections ($583 million).
- Total smokers' payments for FY2002 were large enough to support:
- The FY2003 budgeted amounts for The City University of New York ($2.1 billion)
OR
- Capital projects for the State University of New York ($155 million) AND state operations for Children and Family Services ($471 million) AND the State Office for the Aging ($191 million) AND Elderly Pharmaceutical Insurance Coverage (all funds - $533.5 million) AND the Division of State Police ($450.3 million) COMBINED.
- In 1997, smokers provided 21,435 jobs that paid an additional $65.5 million to the state in personal and corporate income taxes.7
TOTAL SMOKER CIGARETTE PAYMENTS TO NEW YORK
FY2002 |
Per year: |
$ |
2,101,108,178 |
Per day: |
$ |
5,752,521 |
Per hour: |
$ |
239,688 |
Per minute: |
$ |
3,995 |
Per second: |
$ |
67 |
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CIGARETTES DON'T PAY TAXES -
NEW YORK SMOKERS DO!!
1 Centers for Disease Control's Behavioral Risk Factor Surveillance System, 2001
2 Orzechowski & Walker, Arlington, Virginia; from state revenue department.
3 Local taxes are from NY City, which in FY2002 levied an 8 cents per pack tax. The tax was recently raised to $1.50 per pack, but the impact of the tax does not show up in FY2002.
4 PriceWaterhouseCooper
5 U.S. Census Bureau, 2000 state population and Centers for Disease Control's Behavioral Risk Surveillance System, 2001
6 Tax and Budget Comparisons are from the New York State Division of Budget, 2003-2004 Executive Budget, Appendix 1 and 2003-2004 Executive Budget, Appendix II (Financial Plan). Online at: http://www.rjrt.com/common/pages/LeavingRJRT.asp?URL=http://www.budget.state.ny.us/pubs/executive/executive.html#app1. Note that NY's fiscal year runs from April 1 through March 30.
7 American Economics Group, Inc., The U.S. Tobacco Industry in 1997: Its Economic Impact in the States.
Master Settlement Agreement Payments To Date
$2,976,037,554 has been paid to New York since the Master Settlement Agreement was signed on November 23, 1998.
A summary of New York state law is provided below
(for specific questions regarding state law, contact your legal advisor.)
Minimum Age |
Customers must be 18 years or older to purchase tobacco products.
Identification need not be required of any individual who reasonably appears to be at least twenty-five years of age, provided, however, that such appearance shall not constitute a defense in any proceeding alleging the sale of a tobacco product to an individual under eighteen years of age. |
Restricted Products |
Cigarettes, cigars, chewing tobacco, powdered tobacco, herbal cigarettes or other tobacco products, rolling papers or pipes. No person shall knowingly sell or provide bidis or gutka (a product containing lime paste, spices, areca and tobacco) to any person UNDER 18 YEARS OF AGE. Violators shall be subject to a civil fine of up to $500. Only persons operating a tobacco-only business may sell bidis or gutka. Tobacco-only business operators are prohibited from selling bidis or gutka to individuals under 18 years of age and shall post in a conspicuous place a sign stating “SALE OF BIDIS (GUTKA) TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHBITED BY LAW” (printed on a white card in red letters at least one-half inch in height). |
Acceptable Forms of Identification |
A valid driver's license or non-driver's identification card issued by the commissioner of motor vehicles, the federal government, any United States territory, commonwealth or possession, the District of Columbia, a state government within the United States or a provincial government of the dominion of Canada, or a valid passport issued by the United States government or any other country, or an identification card issued by the armed forces of the United States. |
Fine/Penalty Schedule for Selling to Minors |
For the 1st violation, retailers are subject to a $300 to $1,000 fine and the retailer's name and address and violation may be published in a local newspaper; for subsequent violations, retailers are subject to a $500 to $1,500 fine.
In addition, the retail dealer’s record where the violation occurred shall be assigned two points per violation. If the individual who committed the violation holds a certificate of completion from a state certified tobacco sales training program, then only one point will be assigned.
If a retail dealer accumulates three points or more, the dealer's tobacco registration and lottery license shall be suspended for six months. The three points serving as the basis for a suspension shall be erased upon the completion of the six month penalty. If the retailer violated this article while their registration was suspended, he or she shall be subject to a $2,500 fine and have their registration revoked permanently. If a retail dealer has violated this article four times within three years, the dealer’s tobacco registration and lottery license shall be revoked for one year.
Points assigned to a retail dealer's record shall be assessed for a period of thirty-six months beginning on the first day of the month following the assignment of points.
Any retail dealer who is assigned points shall be re-inspected at least two times a year until points assessed are removed from the retail dealer's record.
A state certified tobacco sales training program shall include instruction in the following elements: (1) the health effects of tobacco use, especially at a young age; (2) the legal purchase age (3) legal forms of identification and the key features thereof; (4) reliance upon legal forms of identification and the right to refuse sales when acting in good faith; (5) means of identifying fraudulent identification of attempted underage purchasers; (6) techniques used to refuse a sale; (7) the penalties arising out of unlawful sales to underage individuals; and the significant disciplinary action or loss of employment that may be imposed by the retail dealer for a violation of the law or a deviation from the policies of the retail dealer in respect to compliance with such law.
A tobacco sales training program may be given and administered by a retail dealer which operates five or more registered locations, by a trade association whose members are registered as retail dealers, by national and regional franchisors who have granted at least five franchises in the state to persons who are registered as such retail dealers by a cooperative corporation with five or more members who are registered as retail dealers and are operating in this state, and by a wholesaler supplying fifty or more retail dealers. A person or entity administering such training program shall issue certificates of completion to persons successfully completing such a training program. Such certificates shall be prima facie evidence of the completion of such a training program by the person named therein.
A certificate of completion may be issued for a period of three years, however such certificate shall be invalidated by a change in employment.
Entities authorized to give and administer a tobacco sales training program may submit a proposed curriculum, a facsimile of any training aids and materials, and a list of training locations to the department for review. Training aids may include the use of video, computer based instruction, printed materials and other formats deemed acceptable to the department. The department shall certify programs which provide instruction in a clear and meaningful fashion. Programs approved by the department shall be certified for a period of three years at which time an entity may reapply for certification. A non-refundable fee in the amount of three hundred dollars shall be paid to the department with each application. |
Affirmative Defense |
It shall be an affirmative defense in any proceeding alleging an unauthorized sale of tobacco products to a minor, that such person had produced a driver’s license or non-driver identification card apparently issued by a governmental entity, successfully completed a transaction scan, and that the tobacco product had been sold, delivered or given to such person in reasonable reliance upon such identification and transaction scan. In evaluating the applicability of such affirmative defense the commissioner shall take into consideration any written policy adopted and implemented by the seller to prevent the sale of tobacco products to minors. |
Minor Possession |
State statutes do not specifically prohibit possession of tobacco by a minor. |
Sign Requirement
 |
A white sign with red letters that are at least 1/2 inch in height must be conspicuously posted in retail establishments. Signs must state:
SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, ROLLING PAPERS OR PIPES TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW.
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Electronic Age Verification |
Any person operating a place of business wherein tobacco products are sold or offered for sale may perform a transaction scan as a precondition for such purchases. In any instance where the information deciphered by the transaction scan fails to match the information printed on the driver’s license or non-driver identification card, or if the transaction scan indicates that the information is false or fraudulent, the attempted transaction shall be denied. A licensee or agent or employee of such licensee shall only use a device capable of deciphering any electronically readable format, and shall only use the information recorded and maintained through the use of such devices for the purposes of verifying the identification of the purchaser. No licensee or agent or employee of such licensee shall disseminate or resell the information recorded during such a scan to any third person. Use of a transaction scan shall not excuse any person operating a place of business wherein tobacco products are sold, or the agent or employee of such person, from the exercise of reasonable diligence. |
Compliance Checks |
As a condition of receiving federal substance abuse block grant funds, federal law requires the State of New York to conduct random, unannounced inspections of tobacco outlets to determine compliance rates. The State Department of Health coordinates the inspections. |
DISCLAIMER: This information summary is provided as a service of the Coalition, but is not intended to provide legal advice or analysis. These summaries are not intended to be complete representations of state law, which may contain additional rules and restrictions relating to tobacco products not mentioned in this summary, as well as retailing prohibitions related to matters including, but not limited to, state required training, minimum pack size, the sale of loose cigarettes and other restrictions. Retailers should not rely on these summaries as complete or accurate descriptions of applicable federal, state or local law. Users with questions about the law should seek the advice of counsel. Each state law is unique and possibly represents multiple legislative or regulatory acts. Local laws may differ. Check with local authorities for variations from state law. These summaries are not intended to be complete representations of state law. |
The reprinting of this information from the Coalition, does not constitute a representation or admission by RJRT that such information is accurate, complete, or a proper characterization of the laws concerned. The Coalition for Responsible Tobacco Retailing is a cooperative effort among retailers, wholesalers and manufacturers who share a common goal: to do all they can to prevent tobacco sales to minors.
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September 28, 2004
Dear Friends for FREEDOM in Niagara County,
Thank-you for inviting me to last night's meting at the Wheatfield town hall.
After listening to the comments from the floor and the responses from the various government officials, both elected and appointed, it is painfully obvious that the bar/tavern business in NYS is over. The industry is probably deteriorating faster in Niagara County than the rest of the state because your area is already depressed. The only people who will ever make money in the hospitality business in Niagara County will be the Indians and the government.
You citizens in Niagara have one mission. VOTE DELMONTE OUT. She sat there last night and openly admitted that she has NO VOICE with the people from New York that run NYS. She tried to say that it was the people east of here who wanted the ban and infer that we in western NY are the only ones bitching and suffering. It's a lie. People everywhere in NYS don't want the law.
The law will never go away until we send people to Albany to stand up to Bruno and Silver!
Hard working citizens of Niagara should have one agenda item. VOTE DELMONTE OUT.
Stop trying to change the law. It can't happen until we change our representatives.
Every bar in Niagara should have a VOTE DELMONTE OUT sign on display. This is your last chance to save our industry. Let's get active and do everything in our power to support who ever is running against Francine.
DELMONTE WILL NOT AND CAN NOT HELP US! VOTE HER OUT. If you can't do this you should be preparing to go out of business and leave the state. Make your choice.
Respectfully,
Rick Naylon,
jimmy mac's
Buffalo, NY
p.s. Please forward this message to every bar owner you know. Also please print it out and take it to the bars that are not on the internet
Top Ten Things Every New York City Tourist Needs To Know:
10. "If your car is towed, it's cheaper to buy a brand-new one than to pay the fines"
9. "Leave one relative back home to carry on the family name"
8. "You wouldn't believe how friendly some of the men are in Greenwich Village"
7. "A cab from JFK to midtown should run you about $600"
6. "You can economize on hookers by purchasing the weekly pass"
5. "Apparently the new "Spider-Man 2" movie is out on video already"
4. "Learn these four words: "I didn't see nuthin'""
3. "The police get very angry when they catch you having $ex in their squad car"
2. "Don't put Ben-Gay on gunshot wounds"
1. "If you smoke in a bar Mayor Bloomberg will kick you in the nuts"
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