Int. No. 426

By Council Member Salamanca, Brewer and Marte

A Local Law to amend the administrative code of the city of New York, in relation to the operation of tobacco bars

Be it enacted by the Council as follows:

Section 1. Subdivision c of section 17-513.1 of the administrative code of the city of New York is amended to read as follows:

 c. Any entity who in good faith believes itself to be a tobacco bar shall have one hundred eighty days from the effective date of the local law that added this section to apply to the department of health and mental hygiene for registration as a tobacco bar. During the period of time from the effective date of the local law which added this section until the expiration of one hundred eighty days, no provision of the local law that added this section, except for the provisions of this section, shall apply to such entity, but all provisions of local law 5 for the year 1995 shall continue to apply to such entity. Notwithstanding the provisions of this section, an entity that operated as a tobacco bar prior to the effective date of the local law that added this section, and was subsequently registered as such with the department of health and mental hygiene pursuant to this subdivision and seeks to resume operation as such, may seek the transfer and reinstatement of its registration as a tobacco bar to a new location upon a sufficient demonstration of financial hardship. Upon a determination by the commissioner of health and mental hygiene that financial hardship exists and registration for a new location is warranted, and provided that such proposed new location is wholly occupied by the owner of such location or by no more than one commercial tenant, the commissioner shall register the new location as a tobacco bar provided that such entity resumes operation as a tobacco bar as defined in this chapter.

§ 2.  Paragraph 4 of subdivision e of section 20-202 of the administrative code of the city of New York is amended to read as follows:

4. Exceptions for certain licenses. Notwithstanding subparagraph (D) of paragraph 1 of subdivision d, if:

(A)  a license of a retail dealer expires at the end of the license term, such retail dealer may apply for renewal of such license;

(B) a business whose owner has been issued a retail dealer license is sold, the succeeding owner may apply for a license for use at the same location, provided that the retail dealer selling such business was in good standing at the time of such sale, and the application is received within thirty days of the applicable change of ownership;

(C) a retail dealer license becomes void pursuant to section 20-110, the succeeding beneficial owners of 10 percent or more of the stock of the organization to which a license had been granted may apply for a license, provided that such retail dealer was in good standing at the time the license became void, and the application is received within thirty days of the change of ownership; [and]

(D) a retail dealer license becomes void pursuant to section 20-111, the succeeding partnership may apply for a license, provided that such retail dealer was in good standing at the time the license became void and the application is received within thirty days of the change of

ownership[.]; and

(E) a business operating as a tobacco bar pursuant to chapter 5 of title 17 of this code that has been registered as such with the department of health and mental hygiene and has been issued a retail dealer license in accordance with this section, and such business demonstrates to the commissioner that due to financial hardship, such business seeks to change its location, the commissioner may grant such business a one-time transfer of its tobacco retail dealer license to operate within the same or a different community district even if such community district has reached its community district retail dealer cap.

§ 3. This local law takes effect immediately.

CP

LS #13511

11/8/23 11:35 AM