Section 17-176. Prohibitions on the distribution of tobacco products

a.
  Definitions. For purposes of this section:
    (1) "Distribute" means to give, sell, deliver, offer to give, sell  or
  deliver,  or cause or hire any person to give, sell, deliver or offer to
  give, sell or deliver.
    (2) "Less than basic cost" means free of charge, a nominal or discount
  price, or any other price less than the  distributor's  cost,  to  which
  shall  be  added  the  full  value  of  any stamps or taxes which may be
  required by law.
    (3) "Person" means any natural person, corporation, partnership, firm,
  organization or other legal entity.
    (4) "Public event" means any event to  which  the  general  public  is
  invited  or  permitted, including but not limited to musical concerts or
  performances,  athletic  competitions,  public  fairs,  carnivals,  flea
  markets, bazaars and artistic or cultural performances or exhibitions. A
  private  function  such as a wedding, party, testimonial dinner or other
  similar gathering in  which  the  seating  arrangements  are  under  the
  control of the organizer or sponsor of the event, and not the person who
  owns,  manages,  operates  or otherwise controls the use of the place in
  which the function is held, is not a public event within the meaning  of
  this paragraph.
    (5)  "Public  place"  means  any  area  to which the general public is
  invited or permitted, including  but  not  limited  to  parks,  streets,
  sidewalks   or   pedestrian   concourses,   sports   arenas,  pavilions,
  gymnasiums, public malls and property owned, occupied or operated by the
  city of New York or an agency thereof.
    (6) "Tobacco product" means  any  substance  which  contains  tobacco,
  including  but  not  limited  to cigarettes, cigars, smoking tobacco and
  smokeless tobacco.
    b. Distribution of tobacco products to the general public at less than
  basic cost prohibited in public places and at public events. No  persons
  shall  distribute a tobacco product for commercial purposes at less than
  the basic cost of such product to  members  of  the  general  public  in
  public places or at public events.
    c.  Exemptions. The provisions of subdivision b shall not apply to (i)
  the serving of free samples of smoking tobacco or smokeless  tobacco  to
  persons of legal age in stores that sell tobacco products to the general
  public;  or (ii) the distribution of tobacco products at less than basic
  cost by retailers, manufacturers or distributors of such products to any
  employees of such companies who are of legal age.
    d. Penalties. (1) Any person found to be in violation of this  section
  shall  be  guilty of a misdemeanor and liable for a civil penalty of not
  more than five hundred dollars for the first violation and not more than
  one thousand dollars for the second and each subsequent violation.
    (2) A proceeding to recover any civil penalty authorized  pursuant  to
  the  provisions  of  this section shall be commenced by the service of a
  notice of violation which shall  be  returnable  to  the  administrative
  tribunal  established  by  the board of health or to any body succeeding
  the administrative tribunal. Such tribunal or its successor  shall  have
  the power to impose the civil penalties prescribed by this section.
    (3)  The  corporation  counsel  may make an application to the supreme
  court for an order restraining the continued violation of  this  section
  or enjoining the future commission of such practice.