MAYOR GIULIANI SIGNS BILL NUMBER 2-A, EXTENDING THE EFFECTIVE DATE OF YOUTH PROTECTION AGAINST TOBACCO ADVERTISING AND PROMOTION ACT
REMARKS BY MAYOR RUDOLPH W. GIULIANI AT PUBLIC HEARING ON LOCAL LAWS
The bill before me for consideration this afternoon is Introductory Number 2-A, which was introduced at my request by Speaker Vallone, Council Members Robles, Fisher, Fusco and Ognibene. This legislation makes a technical amendment to, and extends the effective date of, Local Law 3 of 1998, also known as the Youth Protection Against Tobacco Advertising and Promotion Act.
This legislation would extend the effective date of this law from 60 to 180 days. Additionally, this bill would remove the discretion of the Commissioner of the Department of Buildings to seek criminal penalties for violations of the Youth Protection Against Tobacco Advertising and Promotion Act.
Local Law 3 made it unlawful for any person to place or maintain a tobacco product advertisement within 1000 feet 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 establishments. Furthermore, the law 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.
When I signed Local Law 3 into law on January 14th, I had expressed concern over the burden of the 60 day effective date, in that it did not afford businesses ample time and notice to comply with this complex law. At that time, City Council Speaker Peter Vallone, in the spirit of compromise, agreed to amend the effective date of the law to provide that all affected parties have six months to be in full compliance with the law.
Additionally, it was never the intent of the Council to subject persons cited with violations of Local Law 3 to criminal penalties. The Council's intention was to impose civil penalties only and this legislation clarifies this intent.
I again applaud the sponsors of the Youth Protection Against Tobacco Advertising and Promotion Act and thank Speaker Vallone for agreeing to this amendment. While the reasons for enacting Local Law 3 were just and necessary to protect our youth from the hazards of tobacco, this amendment now assures that the law may also be reasonably and fairly enforced.
For the reasons previously stated, I will now sign the bill.
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