N.Y. Pub. Health Law § 1399-bb

§ 1399-bb. Distribution of tobacco products or herbal cigarettes\nwithout charge. 1. No person engaged in the business of selling or\notherwise distributing tobacco products or herbal cigarettes for\ncommercial purposes, or any agent or employee of such person, shall\nknowingly, in furtherance of such business:\n (a) distribute without charge any tobacco products or herbal\ncigarettes to any individual, provided that the distribution of a\npackage containing tobacco products or herbal cigarettes in violation of\nthis subdivision shall constitute a single violation without regard to\nthe number of items in the package; or\n (b) distribute coupons which are redeemable for tobacco products or\nherbal cigarettes to any individual, provided that this subdivision\nshall not apply to coupons contained in newspapers, magazines or other\ntypes of publications, coupons obtained through the purchase of tobacco\nproducts or herbal cigarettes or obtained at locations which sell\ntobacco products or herbal cigarettes provided that such distribution is\nconfined to a designated area or to coupons sent through the mail.\n 2. The prohibitions contained in subdivision one of this section shall\nnot apply to the following locations:\n (a) private social functions when seating arrangements are under the\ncontrol of the sponsor of the function and not the owner, operator,\nmanager or person in charge of such indoor area;\n (b) conventions and trade shows; provided that the distribution is\nconfined to designated areas generally accessible only to persons over\nthe age of eighteen;\n (c) events sponsored by tobacco or herbal cigarette manufacturers\nprovided that the distribution is confined to designated areas generally\naccessible only to persons over the age of eighteen;\n (d) bars as defined in subdivision one of section thirteen hundred\nninety-nine-n of this chapter;\n (e) tobacco businesses as defined in subdivision eight of section\nthirteen hundred ninety-nine-aa of this article;\n (f) factories as defined in subdivision nine of section thirteen\nhundred ninety-nine-aa of this article and construction sites; provided\nthat the distribution is confined to designated areas generally\naccessible only to persons over the age of eighteen.\n 3. No person shall distribute tobacco products or herbal cigarettes at\nthe locations set forth in paragraphs (b), (c) and (f) of subdivision\ntwo of this section unless such person gives five days written notice to\nthe enforcement officer.\n 4. The distribution of tobacco products or herbal cigarettes pursuant\nto subdivision two of this section shall be made only to an individual\nwho demonstrates, through a driver's license or other photographic\nidentification card issued by a government entity or educational\ninstitution indicating that the individual is at least eighteen years of\nage. Such identification need not be required of any individual who\nreasonably appears to be at least twenty-five years of age; provided,\nhowever, that such appearance shall not constitute a defense in any\nproceeding alleging the sale of a tobacco product or herbal cigarette to\nan individual.\n