[Adopted 10-26-2004 by G.O. No. 8-2004]
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]
COMPTROLLER
The Comptroller of the City of Yonkers.
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.
A. 
The application for a license or for any renewal thereof to operate as a cigarette retail dealer shall be in writing and shall state the specific location where said business is to be established, maintained and operated and the maximum number of persons to be employed therein.
B. 
If the Director shall be satisfied that the proposed cigarette retail dealer and the premises where it is located conform to the provisions of this article and other laws relating thereto, the Director shall issue or cause to be issued a license authorizing such applicant to establish, maintain, conduct or operate a retail dealer at the place designated in such application for and during the period of such license.
[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[1]]
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.
[1]
Editor's Note: This ordinance also provided for the redesignation of former § 31-157 as § 31-157.1.