Unless otherwise expressly stated, when used in this article,
the following words and phrases shall have the meanings herein respectively
ascribed to them:
CHARACTERIZING FLAVOR
A distinguishable taste or aroma, including but not limited
to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, menthol,
alcoholic beverage, herb or spice flavoring, but shall not include
tobacco.
[Added 9-17-2019 by Ord.
No. 8-2019]
CIGARETTE RETAIL DEALER
Any person, other than a wholesale dealer, engaged in selling
cigarettes, cigars, e-cigarettes and other tobacco products.
[Amended 5-12-2015 by
G.O. No. 8-2015]
DIRECTOR
The Director of the Office of Licensing, who is also referred to as the "Consumer Protection Officer" in Article
IIIA of the Charter, and shall include the designee of the Director, unless otherwise provided.
FLAVORED E-LIQUID
A liquid composed of nicotine and/or chemicals, and which
is sold as a product that may be used in an electronic cigarette which
contains a natural or artificial constituent or additive that causes
such e-liquid or its smoke to have a characterizing flavor.
[Added 9-17-2019 by Ord.
No. 8-2019]
OFFICE
The Office of Licensing of the City of Yonkers.
PERSON
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint-stock companies, societies
and all other entities of any kind capable of being sued.
[Amended 5-12-2015 by
G.O. No. 8-2015]
A license must be obtained for each place of business, wherein
such person sells cigarettes, cigars, e-cigarettes and other tobacco
products in the City. The possession or transportation at any one
time of 5,000 or more cigarettes, cigars, e-cigarettes and other tobacco
products by any person other than a manufacturer, an agent, a licensed
wholesale dealer or a person delivering cigarettes in the regular
course of business for a manufacturer, an agent or a licensed wholesale
or retail dealer, shall be presumptive evidence that such person is
a retail dealer.
[Amended 6-26-2012 by G.O. No. 11-2012; 5-12-2015 by G.O. No. 8-2015; 6-1-2017 by G.O. No. 8-2017]
The applicant for a cigarette dealer license shall pay to the
Comptroller, before the issuance thereof, an annual fee of $200 per
establishment selling cigarettes, cigars, e-cigarettes and other tobacco
products.
[Amended 9-26-2017 by G.O. No. 15-2017]
Each such license shall expire annually on the 31st of January
following the date of its issuance, unless sooner suspended or revoked
by the Director, and shall not be transferable from person to person
nor from the location for which it is originally issued.
[Added 9-17-2019 by Ord. No. 8-2019]
No person shall sell, offer for sale or distribute in the City
any flavored e-liquid or e-cigarette containing flavored e-liquid.
No other provision of law authorizing the sale of tobacco products
shall authorize the sale of flavored e-liquid.
A violation of this article shall constitute a Class II offense.