Adolescent Tobacco Use Prevention Act (ATUPA) & Smoking Code (Clean Indoor Air Act)
Phone: (585) 753-5209 (ATUPA)
(585) 753-5052 (Smoking Code - Clean Indoor Air Act)
Enforces compliance with:
- NYS Public Health Law Article 13-E Regulation of Smoking in Certain Public areas (also known as Clean Indoor Air Act).
- Investigates complaints regarding smoking in public places and work sites.
- Monroe County Sanitary Code Article VI, Regulation of Smoking in Public Places and Work sites.
- NYS Public Health Law Article 13-F-Regulation of Tobacco Products and Herbal Cigarettes; Distribution to Minors (also known as Adolescent Tobacco Use Prevention Act (ATUPA).
- Investigates complaints and conducts compliance checks of retail tobacco dealers to reduce the use and accessibility of tobacco to youth under 21 years of age.
Online Information
- NYS Public Health Law Article 13-E Regulation of Smoking in Certain Public areas (Clean Indoor Air Act)
- Monroe County Sanitary Code Article VI, Regulation of Smoking in Public Places and Worksites
- NYS Public Health Law Article 13-F Regulation of Tobacco Products and Herbal Cigarettes; Distribution to Minors (ATUPA)
- Guide for Tobacco Merchants for NYS’s Adolescent Tobacco Use Prevention Act
Retail Tobacco Dealer Compliance Checks (ATUPA)
Monroe County contracts with local police departments who conduct Retail Tobacco Dealer compliance checks throughout Monroe County using underage youth (18, 19, or 20 years of age) who attempt to purchase tobacco products. If a sale is made, the Monroe County Department of Public Health issues an enforcement action against the Retail Tobacco Dealers found in violation of NYS Public Health Law Article 13-F (Adolescent Tobacco Use Prevention Act) for the sale of tobacco or herbal cigarettes to an underage youth (persons under age 21 years of age) during a compliance check.
The minimum fine for the first violation is $300 (plus a $250 surcharge). Repeat violations can result in fines of up to $2500 and the suspension or revocation of lottery and/or tobacco licenses.
New York State law also requires that the name, address, and number of times the the dealer/vendor has been in violation of Article 13-F be made public.
List of Retail Tobacco and Vape Dealers/Vendors in violation of NYS Public Health Law Article 13-F, also known as the Adolescent Tobacco Use Prevention Act (ATUPA) for the sale of tobacco, herbal cigarettes, or vape products to an underage youth (under 21 years old) during a compliance check.
4/1/2022 – 3/31/2023
| FACILITY | ADDRESS | NUMBER OF TIMES IN VIOLATION OF 13-F |
| 7-ELEVEN #35193A | 4424 LAKE AVENUE, ROCHESTER, 14612 | 1 |
| A PLUS #40126H / SUNOCO #40126H | 6610 PITTSFORD PALMYRA ROAD, FAIRPORT, 14450 | 1 |
| ANNIES STOP AND SHOP | 2332 CULVER ROAD, ROCHESTER, 14609 | 1 |
| BIG SAVE MARKET | 509 PORTLAND AVENUE, ROCHESTER, 14605 | 1 |
| BODEGA DE LO MIO | 479 CARTER STREET, ROCHESTER, 14621 | 1 |
| BORN N RAISED | 622-624 LEXINGTON AVENUE, ROCHESTER, 14613 | 1 |
| CHUNK'S CHOICE | 33 MAIN STREET, BROCKPORT, 14420 | 1 |
| CLINTON ONE STOP | 819 NORTH CLINTON AVENUE, ROCHESTER, 14605 | 1 |
| CORNER MARKET | 420 WEST COMMERCIAL STREET, EAST ROCHESTER, 14445 | 1 |
| DGX #22585 | 252 EAST MAIN STREET, ROCHESTER, 14604 | 1 |
| DOLLAR GENERAL #19235 | 1004 CULVER ROAD, ROCHESTER, 14609 | 2 |
| ELITE CIGAR & SMOKE | 1555 EAST HENRIETTA ROAD, ROCHESTER, 14623 | 1 |
| EXPRESS CONVENIENCE | 25 CHESTNUT RIDGE RD, ROCHESTER, 14624 | 1 |
| FAMILY DOLLAR #27155 | 265 UPPER FALLS BOULEVARD, ROCHESTER, 14605 | 3 |
| FAMILY DOLLAR #5126 | 176 EAST MAIN STREET, ROCHESTER, 14604 | 1 |
| FAMILY DOLLAR #6888 | 773 GENESEE STREET, ROCHESTER, 14611 | 3 |
| FAMILY DOLLAR #9096 | 295 EAST RIDGE ROAD, ROCHESTER, 14621 | 1 |
| GO GREEN EXPRESS | 3570 LATTA ROAD, ROCHESTER, 14612 | 1 |
| HUDSON EXPRESS CONVENIENCE | 865 HUDSON AVENUE, ROCHESTER, 14621 | 1 |
| IZZY'S CONVENIENCE BEER MART | 527 EAST MAIN STREET, ROCHESTER, 14604 | 1 |
| JOE'S KWIK MARTS #468 | 4350 DEWEY AVENUE, ROCHESTER, 14616 | 1 |
| JOE'S KWIK MARTS #470 | 3068 EAST HENRIETTA ROAD, HENRIETTA, 14467 | 1 |
| JOE'S KWIK MARTS #481 | 1952 LYELL AVENUE, ROCHESTER, 14606 | 1 |
| JRIBS | 400 STATE STREET, ROCHESTER, NEW YORK, 14608 | 1 |
| KIMO MINI MART | 1160 NORTH CLINTON AVENUE, ROCHESTER, 14621 | 1 |
| KWIK FILL #M0099 | 201 NORTH WASHINGTON STREET, EAST ROCHESTER, 14445 | 2 |
| LUCCI PIZZA GRILL & STORE | 3289 EAST RIVER ROAD, ROCHESTER, 14623 | 1 |
| LYELL AVENUE SMOKE SHOP | 453 LYELL AVENUE, ROCHESTER, 14606 | 2 |
| McCALL MINI MART | 90 McCALL ROAD, ROCHESTER, 14615 | 1 |
| PARADISE SMOKE SHOP | 95 CENTRAL PARK, ROCHESTER, 14605 | 1 |
| PLYMOUTH EXPRESS GROCERY & DELI | 743 SOUTH PLYMOUTH AVENUE, ROCHESTER, 14608 | 1 |
| RIVER MINI MARKET | 4660 DEWEY AVENUE, ROCHESTER, 14612 | 1 |
| SPEEDWAY #07667 | 1677 ELMWOOD AVENUE, ROCHESTER, 14620 | 2 |
| THE PLUG SMOKE SHOP | 3670 MT. READ BOULEVARD, ROCHESTER, 14616 | 1 |
| THE VAPE SHOP | 2680 WEST RIDGE ROAD, ROCHESTER, 14626 | 2 |
| UB MOBILE #7 | 3512 BROCKPORT SPENCERPORT ROAD, SPENCERPORT, 14559 | 1 |
| VAPE APE SMOKE SHOP | 447 LYELL AVENUE, ROCHESTER, 14606 | 1 |
| WEGMAN'S KWIK-FIL | 336 BUFFALO ROAD, ROCHESTER, 14611 | 1 |
List of Retail Tobacco Dealers in Violation of Article 13-F 4/1/2021 - 3/31/2022
New York Public Places and Work Sites are Smoke-Free (Clean Indoor Air Act)
Effective July 24, 2003, public places and work sites across New York State must be smoke-free. All work sites—including bars and restaurants—are now included to ensure that all New Yorkers work in a safer environment. The original state law, passed in 1989, provided similar protections but in fewer work sites.
New York becomes the fifth state in the U.S. to provide such comprehensive public health protection from secondhand smoke—a substance with over 7,000 chemical compounds—including 69 known to cause cancer. Secondhand smoke is responsible for the deaths of approximately 49,000 non-smokers each year in the United States.
The law applies to virtually all places of business. Business owners are required to inform employees and patrons that smoking is prohibited indoors—including private offices and smoking rooms—and to post No Smoking signs in conspicuous places within their establishment.
The Monroe County Health Department regularly inspects facilities that are under permit from us and responds to complaints that we receive from the public to determine compliance with various provisions of the law.
Questions about how the statewide smoking law applies to your business can be answered by calling (585) 753-5541.
