Environmental Health - Tobacco

Adolescent Tobacco Use Prevention Act (ATUPA) & Smoking Code (Clean Indoor Air Act)

Picture of a hand holding a cigarette.Phone: (585) 753-5209 (ATUPA)
(585) 753-5052 (Smoking Code - Clean Indoor Air Act)

Enforces compliance with:

  1. 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.
  2. Monroe County Sanitary Code Article VI, Regulation of Smoking in Public Places and Work sites.
  3. 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

Picture of young girl lighting a cigarette.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.

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