Adolescent Tobacco Use Prevention Act (ATUPA) & Smoking Code (Clean Indoor Air Act)
Phone: (585) 753-5464 (ATUPA)
(585) 753-5075 (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.
- 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.
- Monroe County Sanitary Code Article VI, Regulation of Smoking in Public Places and Work sites.
Note: Monroe County Department of Public Health does not regulate the sale of cannabis products. Please visit the NYS Office of Cannabis Management for more information on cannabis regulation.
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 products, herbal cigarettes, electronic cigarettes, liquid nicotine, rolling papers, or smoking paraphernalia 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.
4/1/2023 – 3/31/2024
| FACILITY | ADDRESS | NUMBER OF TIMES IN VIOLATION OF 13-F |
| WORLD WIDE NEWS | 100 SAINT PAUL ST, ROCHESTER, NEW YORK, 14604 | 3 |
| GOLDEN FARMS | 2280 CULVER ROAD, ROCHESTER, 14609 | 2 |
| PENFIELD SMOKE SHOP | 1626 PENFIELD ROAD, SUITE 1, ROCHESTER, 14625 | 1 |
| HARRY'S | 3932 SCOTTSVILLE ROAD, SCOTTSVILLE, 14546 | 6 |
| HUDSON SAV-MORE | 196 HUDSON AVENUE, ROCHESTER, 14605 | 1 |
| BODEGA DE LO MIO | 479 CARTER STREET, ROCHESTER, 14621 | 1 |
| LYELL AVENUE SMOKE SHOP | 453 LYELL AVENUE, ROCHESTER, 14606 | 2 |
| RED EYE CBD SUPPLY | 1900 EMPIRE BOULEVARD, WEBSTER, 14580 | 1 |
| JOE'S KWIK MARTS #481 | 1952 LYELL AVENUE, ROCHESTER, 14606 | 1 |
| SPEEDWAY #07744 | 465 SPENCERPORT ROAD, ROCHESTER, 14606 | 1 |
| ANNIES STOP AND SHOP | 2332 CULVER ROAD, ROCHESTER, 14609 | 1 |
| BRIGHTON X-PRESS MART | 1738 MONROE AVENUE, ROCHESTER, 14618 | 1 |
| NICE ASH CIGARS | 36 JEFFERSON AVENUE, FAIRPORT, 14450 | 1 |
| DELTA-SONIC CAR WASH #1816 | 2970 WEST HENRIETTA ROAD, ROCHESTER, 14623 | 2 |
| MR STARLIGHT | 25 CHESTNUT RIDGE ROAD, SUITE 1, ROCHESTER, 14624 | 1 |
| DELTA-SONIC CAR WASH #1813 | 718 EAST MAIN STREET, ROCHESTER, 14605 | 1 |
| MAIN & KING GROCERY | 524 WEST MAIN STREET, ROCHESTER, 14608 | 1 |
| CHILI EXPRESS MART | 989 CHILI AVENUE, ROCHESTER, 14611 | 1 |
| APPLE MART | 335 EAST HENRIETTA ROAD, ROCHESTER, 14620 | 1 |
| EAST FOOD MART | 501 MAIN STREET, EAST ROCHESTER, 14445 | 3 |
| KIRKLAND MINI MART | 191 GENESEE STREET, ROCHESTER, 14611 | 1 |
| FAMILY DOLLAR #26259 | 189 PORTLAND AVENUE, ROCHESTER, 14605 | 1 |
| LIFT OFF SMOKE SHOP | 644 MONROE AVENUE, ROCHESTER, 14607 | 1 |
| LIL SMOKE SHOP | 205 MONROE AVENUE, ROCHESTER, 14607 | 1 |
| BODEGA | 206 PARK AVENUE, ROCHESTER, 14607 | 1 |
| HIGHER LEVEL SMOKE SHOP | 490 MONROE AVENUE, ROCHESTER, 14607 | 1 |
| KWIK FILL #M0335 | 380 NORTH WINTON ROAD, ROCHESTER, 14610 | 3 |
| HALF MOON SMOKE SHOP | 1137 CULVER ROAD, ROCHESTER, 14609 | 1 |
| A-1 FOOD MART | 238 WEBSTER AVENUE, ROCHESTER, 14609 | 1 |
| ALBAS MARKET | 1687 DEWEY AVENUE, ROCHESTER, 14615 | 2 |
| BSG MINI MART | 480 DEWEY AVENUE, ROCHESTER, 14613 | 1 |
| DEWEY ONE STOP MART | 1428 DEWEY AVENUE, ROCHESTER, 14613 | 1 |
| FARM FRESH | 884 EMERSON STREET, ROCHESTER, 14613 | 1 |
| LUCKY MOON CONVENIENCE | 872 JAY STREET, ROCHESTER, 14611 | 1 |
| ZIYAD MINI MARKET | 536 JAY STREET, ROCHESTER, 14611 | 3 |
| KWIK FILL #M0075 | 2440 WEST RIDGE ROAD, ROCHESTER, 14626 | 3 |
| KWIK FILL #M0096 | 3701 DEWEY AVENUE, ROCHESTER, 14616 | 2 |
| MIDTOWN MINI MART | 24 SAINT PAUL STREET, ROCHESTER, 14604 | 1 |
Previous Lists of Retail Tobacco Dealers in Violation of Article 13-F:
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) 753-5075.
Informational Links
- NYS Public Health Law Article 13-E Regulation of Smoking in Certain Public areas (Clean Indoor Air Act)
- NYS Public Health Law Article 13-F Regulation of Tobacco Products and Herbal Cigarettes; Distribution to Minors (ATUPA)
- Monroe County Sanitary Code Article VI, Regulation of Smoking in Public Places and Worksites
- Guide for Tobacco Merchants for NYS’s Adolescent Tobacco Use Prevention Act
- Know the Risks: E-Cigarettes & Young People
- NYS Smoker’s Quit Website
- NYS Health Department Clean Indoor Air Act Website
