news release
ANDREW J. SPANO, Westchester County Executive JOSHUA LIPSMAN, M.D., M.P.H., Commissioner of Health SUSAN TOLCHIN, Director of Communications

CONTACT: SUSAN TOLCHIN (914) 995-2932

MARY LANDRIGAN (914) 813-5013

(914) 813-5000 (After Hours)

FOR IMMEDIATE RELEASE June 17, 2004

FORTY-ONE VENDORS GUILTY OF SELLING CIGARETTES TO MINORS

The Westchester County Department of Health today made public a list of 41 tobacco vendors that have been found guilty during the six month period from October 2003 to March 2004 of selling tobacco products to minors.

The crackdown on businesses that violate the state’s Adolescent Tobacco Use Prevention Act (ATUPA) is part of the county government’s ongoing effort to stop underage smoking.

“Education and enforcement go hand in hand when it comes to stopping teens from smoking,” stated County Executive Andy Spano. “Through our various anti-tobacco educational programs we’ve gotten the message out to teens that smoking will ruin their health and their appearance. Enforcement sends a strong message to merchants that Westchester County will not tolerate selling cigarettes to minors.”

The Westchester County Department of Health conducts ATUPA enforcement checks at establishments throughout the county. “Sting teams” visit delicatessens, stationery stores, tobacco stores, supermarkets, pharmacies, gas stations, grocery stores, variety stores and bars. The great majority of merchants visited by the "sting teams" are found to be in compliance with the law.

The sting operation works like this: a minor, working undercover for the Department of Health, attempts to buy a tobacco product from a merchant's establishment. Once the minor leaves the establishment, the inspector who witnessed the transaction will either issue a citation to the vendor for selling tobacco to the minor or congratulate the vendor for not selling it.

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ATUPA P. 2

The ATUPA law states that:

§ Merchants may sell tobacco only to an individual who demonstrates, with a drivers license or certain other specified photographic identification, that he or she is 18 years of age or older. Merchants are required to proof any individual who appears to be under 25 years of age.

§ All merchants are required to post a sign that reads: "Sale of cigarettes, cigars, chewing tobacco, powdered tobacco, or other tobacco products, rolling papers, pipes or herbal cigarettes to persons under 18 years of age is prohibited by law." The sign must be printed on a white card in red letters at least one-half inch in height.

§ Merchants cannot sell single cigarettes. All cigarettes must be sold in the manufacturer’s packaging.

“Since the majority of smokers start smoking before the age of 18, it’s imperative that we discourage smoking at an early age,” stated Westchester Health Commissioner, Joshua Lipsman, M.D., M.P.H. “Tobacco use remains the leading preventable cause of death in the United States.”

When a violation is sustained against an establishment for a sale of tobacco or herbal cigarettes to a minor, besides imposing a fine and surcharge of $350 to $1,500, the establishment is assigned two points, unless it can demonstrate that at the time of the sale, the seller possessed a valid certificate from a state certified tobacco sales training program. In that case only one point will be assigned. Points remain on the establishment’s record for 36 months, unless its registration to sell tobacco has been suspended.

If an establishment is assigned three or more points within 36 months, its registration to sell tobacco and, if it is a lottery agent, its lottery license, is suspended for six months When the suspension ends, three points will be removed from the establishment’s record. Any remaining points will count as the basis toward another suspension.

If an establishment has been found guilty of any four violations of this law within a three-year period, the enforcement officer will direct the one-year revocation of the establishment’s registration to sell tobacco, and of its lottery license, if it has one.

The Westchester County Department of Health offers the Tobacco Sales Training Program at the Westchester Community College for a $45 fee per student. Register for the training by calling the college at 785-6830.

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ATUPA P. 3

The following establishments were third-time ATUPA offenders:

DB Mart #614

925 Washington Avenue, Peekskill

(six-month suspension of registration to sell tobacco products; $1550 fine)

Jav Associates Inc.

230 South Highland Avenue, Ossining

($1550 fine)

Citgo

215 North Saw Mill River Road, Elmsford

($1550 fine)

Tavares Grocery

178 Stevens Avenue, Mount Vernon

($1550 fine)

Fifth Division Deli

P.O.Box 156/Route 35, Cross River

($1550 fine)

Numart Deli & Grocery

454 Mamaroneck Avenue, White Plains

($1550 fine)

Sav Mor Drugs

175 Riverside Avenue, Croton

($1550 fine)

Gristede’s #086

Routes 100 & 202, Somers

($1550 fine)

Joe’s Camera Deli

950 East Main Street, Shrub Oak

($1550 fine)

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ATUPA P. 4

The following establishments were second-time ATUPA offenders:

Crestwood Stationery

301 Columbus Avenue, Tuckahoe

(six-month suspension of registration to sell tobacco products; $1550 fine)

Exxon

569 North Avenue, New Rochelle

(six-month suspension of registration to sell tobacco products; $1050 fine)

Leewood Beverage Center

351 Central Avenue, White Plains

($1050 fine)

Tamimi’s Deli

204 New Main Street, Yonkers

($1050 fine)

CVS Pharmacy #353

23 Mall Walk, Yonkers

($1050 fine)

White Plains Pharmacy

276 Main Street, White Plains

($1050 fine)

Stop & Shop #500

28 Harrison Avenue, New Rochelle

($1050 fine)

Harmon Deli

358 South Riverside Avenue, Croton-On-Hudson

($1050 fine)

Sara Deli & Grocery

246 South Broadway, Yonkers

($1050 fine)

Rose Getty

40 Stone Avenue, Elmsford

($1050 fine)

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ATUPA P. 5

Main Street Apothecary

507 Main Street, New Rochelle

($1050 fine)

Shell

143 Bronx River Road, Yonkers

($1050 fine)

BJ’S Amoco

825 North Broadway, North White Plains

($1050 fine)

The following establishments were first-time ATUPA offenders:

Fulgum’s Restaurant & Bar

33-35 Albany Post Road, Montrose

($350 fine)

Hess Station #32569

775 Central Park Avenue, Scarsdale

($350 fine)

Genovese Drug Store #5729

1 Tuckahoe Road, Eastchester

($350 fine)

Nelson Deli Grocery

52 Yonkers Avenue, Yonkers

($350 fine)

Lorenath Pharmacy

944 North Broadway, Yonkers

($350 fine)

Basik Deli & Grocery

311 Fifth Avenue, Pelham

($350 fine)

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ATUPA P. 6

Paper & Puff

52 Lake Street, White Plains

($350 fine)

Eastchester Automotive

600 White Plains Road, Eastchester

($350 fine)

Main Pit Stop

724 Main Street, New Rochelle

($350 fine)

Mariachi Loco #2

122 Mamaroneck Avenue, Mamaroneck

($350 fine)

Night & Day Deli & Grocery

177 Ashburton Avenue, Yonkers

($350 fine)

New Village Market in Katonah

93 Katonah Avenue, Katonah

($350 fine)

CVS Pharmacy #742

90 Garth Road, Scarsdale

($350)

Optima

575 Main Street, New Rochelle

($350 fine)

Smart Shop

20 West Post Road, White Plains

($350 fine)

Country Market

228 North Division Street, Peekskill

($350 fine)

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ATUPA P. 7

CVS #776

850 Bronx River Road, Yonkers

($350 fine)

Riviera Italian Deli

2 Westbrook Drive, Cortlandt Manor

($350 fine)

Super Deli/4 Brothers

617B Mc Lean Avenue, Yonkers

($350 fine)

To report an ATUPA violation, or to find out more about the ATUPA law, contact the Westchester County Department of Health at (914) 813-5000.

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