Section 1399-BB. Distribution of tobacco products or herbal cigarettes without charge

1. No person engaged  in  the  business  of  selling  or
  otherwise   distributing  tobacco  products  or  herbal  cigarettes  for
  commercial purposes, or any agent or  employee  of  such  person,  shall
  knowingly, in furtherance of such business:
    (a)   distribute   without  charge  any  tobacco  products  or  herbal
  cigarettes to any  individual,  provided  that  the  distribution  of  a
  package containing tobacco products or herbal cigarettes in violation of
  this  subdivision  shall constitute a single violation without regard to
  the number of items in the package; or
    (b) distribute coupons which are redeemable for  tobacco  products  or
  herbal  cigarettes  to  any  individual,  provided that this subdivision
  shall not apply to coupons contained in newspapers, magazines  or  other
  types  of publications, coupons obtained through the purchase of tobacco
  products or herbal  cigarettes  or  obtained  at  locations  which  sell
  tobacco products or herbal cigarettes provided that such distribution is
  confined to a designated area or to coupons sent through the mail.
    2. The prohibitions contained in subdivision one of this section shall
  not apply to the following locations:
    (a)  private  social functions when seating arrangements are under the
  control of the sponsor of the function  and  not  the  owner,  operator,
  manager or person in charge of such indoor area;
    (b)  conventions  and  trade  shows; provided that the distribution is
  confined to designated areas generally accessible only to  persons  over
  the age of eighteen;
    (c)  events  sponsored  by  tobacco  or herbal cigarette manufacturers
  provided that the distribution is confined to designated areas generally
  accessible only to persons over the age of eighteen;
    (d) bars as defined in subdivision one  of  section  thirteen  hundred
  ninety-nine-n of this chapter;
    (e)  tobacco  businesses  as  defined  in subdivision eight of section
  thirteen hundred ninety-nine-aa of this article;
    (f) factories as defined  in  subdivision  nine  of  section  thirteen
  hundred  ninety-nine-aa of this article and construction sites; provided
  that  the  distribution  is  confined  to  designated  areas   generally
  accessible only to persons over the age of eighteen.
    3. No person shall distribute tobacco products or herbal cigarettes at
  the  locations  set  forth in paragraphs (b), (c) and (f) of subdivision
  two of this section unless such person gives five days written notice to
  the enforcement officer.
    4. The distribution of tobacco products or herbal cigarettes  pursuant
  to  subdivision  two of this section shall be made only to an individual
  who demonstrates, through  a  driver's  license  or  other  photographic
  identification  card  issued  by  a  government  entity  or  educational
  institution indicating that the individual is at least eighteen years of
  age. Such 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 or herbal cigarette to
  an individual.