September 10, 2014

Honorable Paul Devane, Clerk

Albany County Legislature
112 State Street, Room 710
Albany, NY 12207


Dear Mr. Devane,

I hereby transmit, pursuant to Article 3 Section 309 (b)(iii) of the Albany County Charter,
my objections to Local Law D, entitled:
A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK
PROHIBITING THE SALE OF TOBACCO PRODUCTS IN LICENSED
HEALTH CARE INSTITUTIONS, PHARMACIES AND RETAIL
ESTABLISHMENTS CONTAINING A PHARMACY IN ALBANY COUNTY.
Local Law D was adopted by your Honorable Body on August 11, 2014 and a certified
copy presented to me on August 12, 2014. An executive public hearing was held on September 3,
2014. Following months of debate, numerous meetings with legislators and public hearings, I
have decided to veto Local Law D.

Cigarette smoking is a dangerous and lethal activity. I applaud all efforts that reduce the
effects of smoking, especially among the young. I cannot, however, support Local Law D. There
are numerous legal defects among them that Local Law D lacks an enforcing agency, lacks a
collection procedure for fines and lacks the prerequisite licensing law that would allow Albany
County to regulate cigarette sales. Additionally, it is my belief that, even if these legal flaws
were addressed, its effect would be to redirect consumers to stores without pharmacies.

I applaud CVSs decision to voluntarily remove tobacco products from its stores. In fact,
I urge all stores that have a pharmacy to voluntarily ban the sale of cigarettes. I also urge all
stores that sell cigarettes to restrict the display and placement of cigarettes so that they are not in
view of minors. Toward that end, I have issued an Executive Order directing the County
Attorney to prepare the necessary and appropriate licensure legislation that would include
a ban on the display of tobacco products in pharmacies and in retail stores with
pharmacies. This proposed legislation will shield the product from minors and from those who
may be tempted by the display of tobacco products. Studies suggest that there is an increase of
DANIEL P. MCCOY
COUNTY EXECUTIVE
COUNTY OF ALBANY
OFFICE OF THE EXECUTIVE
112 STATE STREET, ROOM 900
ALBANY, NEW YORK 12207-2021
(518) 447-7040 - FAX (518) 447-5589
WWW.ALBANYCOUNTY.COM
PHILIP F. CALDERONE, ESQ.
DEPUTY COUNTY EXECUTIVE
minors who smoke when they see tobacco products displayed.
1
Additionally, studies show that
one of the most important factors that deters minors from trying to buy tobacco products in retail
outlets is to restrict the display of such products.
2


Each of us will make choices on where to shop based upon the values we hold important.
Even without this law nothing stops doctors and consumers from having prescriptions filled only
at cigarette free pharmacies. Nothing stops people from not patronizing stores that sell cigarettes.

Therefore, by the authority vested in me, pursuant to Article 3, Section 309 (b)(iii) of the
Albany County Charter I respectfully veto Law Local D.


Sincerely,



Daniel P. McCoy
Albany County Executive

cc: Hon. Shawn Morse, Chairman
Hon. Frank Commisso, Majority Leader
Hon. Lee Carman, Minority Leader
Jamie Kallner, Counsel to the Majority
Arnis Zilgme, Counsel to the Minority


1
Paynter J, Edwards R, Schluter PJ, McDuff I. Point of sale tobacco displays and smoking among 14-15 year olds in
New Zealand: a cross-sectional study. Tob Control 2009;18(4):268-74.
2
Annice E. Kim, et al., Influence of Tobacco Displays and Ads on Youth: A Virtual Store Experiment, Pediatrics
2013: 131:1-8.