In the City of Albany, it is unlawful to sell tobacco products, electronic cigarettes, vapor products, or liquid nicotine to anyone under 21 years of age. The minimum age was raised from 18 to 21 statewide by New York Public Health Law §1399-cc (Tobacco 21, effective November 13, 2019), which preempts any lower municipal age. Enforcement at retail is carried out by the Albany County Department of Health under the State's Adolescent Tobacco-Use Prevention Act (ATUPA).
Tobacco and vapor sales in the City of Albany are governed primarily by New York Public Health Law Article 13-F. Section 1399-cc, as amended by Chapter 152 of the Laws of 2019, makes it unlawful to sell or distribute tobacco products, herbal cigarettes, liquid nicotine, electronic cigarettes, vapor products, smoking paraphernalia, rolling papers, or shisha to any person under twenty-one years of age — the change from age 18 to age 21 took effect November 13, 2019. New York has also banned the retail sale of flavored vapor products (PHL §1399-mm-1) statewide, with limited exceptions. Every retailer that sells these products must hold a New York State Retail Dealer Registration with the Department of Taxation and Finance, post the required age-restriction signage, and check identification for any purchaser who appears to be under 25. Enforcement at the storefront level in Albany County is carried out by the Albany County Department of Health (ACDOH) under the Adolescent Tobacco-Use Prevention Act ("ATUPA", PHL Article 13-F), which directs local health departments to conduct unannounced underage compliance checks at every registered retailer at least once per year. Albany City retailers are also subject to NY Clean Indoor Air Act restrictions on where tobacco and vapor products may be used (PHL Article 13-E), but those are separate from the age-of-sale rule.
Selling to a person under 21, failing to post required signage, failing to check ID, or selling without a current NY State Retail Dealer Registration is a violation of PHL Article 13-F. Civil penalties under §1399-ee start at $300 and rise to $1,000 for a first violation and $1,000 to $2,500+ for repeat violations within three years, with each individual sale counted as a separate violation. Repeat offenders can have their NY State Retail Dealer Registration suspended or revoked, blocking the business from selling tobacco or vapor products. ACDOH publishes results of compliance checks and may refer cases to the NY Department of Taxation and Finance for registration action.
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