[HISTORY: Adopted by the Board of Trustees of the Village
of Port Washington North 8-2-2017 by L.L. No. 1-2017. Amendments noted where applicable.]
The Board of Trustees hereby finds and determines that the sale
of tobacco and tobacco-related products to individuals under the age
of 21 years should be prohibited in the Village of Port Washington
North in order to:
A.
Further the goals of New York State's tobacco use prevention
and control program, as identified in New York State Public Health
Law § 1399-ii;
B.
Respond to the fact that tobacco is the leading cause of preventable
death and disease in New York State;
C.
Respond to findings made by the Institute of Medicine, which prepared
a report at the request of the United States Food and Drug Administration
entitled "Public Health Implications of Raising the Minimum Age of
Legal Access to Tobacco Products," concluding and suggesting that:
(1)
Adolescent brains are uniquely vulnerable to the effects of nicotine;
(2)
A younger age of initiation is strongly associated with greater nicotine
dependence and is also associated with greater intensity and persistence
of smoking beyond adolescence and into adulthood;
(3)
Almost one in five high school seniors is a current cigarette and/or
tobacco user;
(4)
Underage users rely primarily on social sources, such as friends
and family, to acquire tobacco, and most of these sources are likely
to be between 18 and 20 years of age;
(5)
Raising the minimum legal age to 21 will mean that those who can
legally obtain tobacco are less likely to be in the same social networks
as high school students;
(6)
Delaying initiation rates will likely decrease the prevalence of
tobacco users in the United States populations;
(7)
Raising the minimum legal age will likely immediately improve the
health of adolescents and young adults by reducing the number who
suffer with adverse physiological effects;
D.
Respond to findings that most (nearly 90%) of those addicted to tobacco
start using tobacco before 21 years of age;
E.
Respond to the growing rates of electronic cigarette use among youth,
which expose users to unhealthy levels of nicotine and other unknown
harmful chemicals;
F.
Reduce the exposure of our youth to disease-causing toxins in secondhand
smoke and in chemicals emitted from electronic cigarettes, liquid
nicotine, shisha, herbal cigarettes, and other age-restricted products
as defined herein;
G.
Prevent exposure of youth, who are particularly susceptible to addiction,
to the chemically addictive effects of tobacco and related products,
in an effort to improve public wellness and reduce health insurance
expenditures;
H.
Protect young Village residents from the unregulated and unknown
effects of electronic cigarettes, herbal cigarettes, and other age-restricted
products;
I.
Act in furtherance of a 2016 report from the Centers for Disease
Control and Prevention, which recommended that states and communities
work to limit where and how e-cigarettes are sold;
J.
Respond to findings made by the Centers for Disease Control and Prevention
that e-cigarette use among teens tripled between 2013 and 2014, and
from 2011 to 2015, the use of e-cigarettes increased nearly 10 times
for high schoolers. E-cigarettes are now the primary form of tobacco
use among teens. Furthermore, the Centers for Disease Control and
Prevention reports that, after e-cigarettes and cigarettes, hookah
tobacco is the third most popular form of tobacco used by middle schoolers;
K.
Respond to findings made by the Centers for Disease Control and Prevention,
which prepared a report entitled "Tobacco Use Among Middle and High
School Students-United States. 2011-2015," concluding that:
(1)
Electronic nicotine delivery system (ENDS) use among teens has surged
in recent years, and now stands at 16% among high school students.
ENDS are the most commonly used tobacco product among high school
students; and
(2)
In 2015, 8.6% of high school students were current cigar smokers:
11.5% of boys and 5.6% of girls. High school boys smoke cigars at
a higher rate than cigarettes;
L.
Respond to finding that e-cigarettes and similar devices pose health
hazards and may contribute to youth smoking and reduced cessation,
regardless of nicotine content, since the devices contain or produce
chemicals other than nicotine known to be toxic, carcinogenic and
causative of respiratory and heart distress. E-cigarettes and similar
devices look identical whether they contain nicotine or not, and as
a result, their use not only normalizes e-cigarette use but also renormalizes
tobacco addiction and use of tobacco products, like combustible cigarettes;
and
M.
Protect young Village residents from smokeless tobacco products,
which according to the Centers for Disease Control and Prevention
are known to cause lung, larynx, esophageal, and oral and pancreatic
cancers. According to the National Institute on Drug Abuse, a dip
of smokeless tobacco typically contains three to five times more nicotine
than a cigarette. Research shows that smokers have difficulty switching
from cigarettes to smokeless tobacco resulting in many users becoming
dual users of both cigarettes and smokeless products.
Unless otherwise expressly stated, the following terms shall,
for purposes of this Chapter, have the meanings assigned to them in
this section. Words used in the present tense include the future;
words used in the masculine gender include the feminine and neuter;
the singular number includes the plural and the plural the singular.
Any term used in, but not defined in, this chapter shall have the
meaning assigned to it in New York State Public Health Law Article
13-F.
Any product that is intended or reasonably expected to be used
with or for the human consumption of a tobacco product; does not contain
tobacco and is not made or derived from tobacco; and meets either
of the following:
Is not intended or reasonably expected to affect or alter the
performance, composition, constituents, or characteristics of a tobacco
product; or
Is intended or reasonably expected to affect or maintain the
performance, composition, constituents, or characteristics of a tobacco
product but solely controls moisture and/or temperature of a stored
tobacco product or solely provides an external heat source to initiate
but not maintain combustion of a tobacco product.
"Accessory" includes, but is not limited to, carrying cases,
lanyards and holsters.
Tobacco products, shisha, herbal cigarettes, electronic aerosol
delivery systems, and smoking paraphernalia, and all other products
prohibited from being sold to minors by New York State Public Health
Law Article 13-F, as the same may be amended from time to time.
Any software or assembly of materials intended or reasonably
expected to alter or affect the tobacco product's performance,
composition, constituents, or characteristics; or to be used with
or for the human consumption of a tobacco product. "Component or part"
excludes anything that is an accessory of a tobacco product, and includes,
but is not limited to, e-liquids, cartridges, certain batteries, heating
coils, programmable software and flavorings for electronic aerosol
delivery systems.
An electronic device that, when activated, produces an aerosol
that may be inhaled, whether or not such aerosol contains nicotine.
"Electronic aerosol delivery system" includes any component or part
but not accessory, and any liquid or other substance to be aerosolized,
whether or not separately sold. "Electronic aerosol delivery system"
does not include drugs, devices, or combination products, as those
terms are defined in the Federal Food, Drug, and Cosmetic Act,[1] that are authorized by the State of New York or the United
States Food and Drug Administration for sale.
Any police officer, any Nassau County Department of Health
Inspector, and any Building Official from the Port Washington North
Building Department, Code Enforcement Officer, County Health Inspector
or other employees of the Village of Port Washington North authorized
by the Board of Trustees to enforce this chapter
Any product made primarily of tobacco or other leaf or herbs,
or any combination thereof, smoked or intended to be smoked in a hookah
or water pipe.
Any pipe, water pipe, hookah, rolling papers, vaporizer or
any other device, equipment or apparatus designed for the inhalation
of tobacco.
Any product made or derived from tobacco or which contains
nicotine marketed or sold for human consumption, whether consumption
occurs through inhalation, or oral or dermal absorption, including
cigarettes, cigars, chewing tobacco, powdered tobacco, bidis, gutka,
and other tobacco products, including nicotine water. "Tobacco product"
does not include drugs, devices or combination products, as those
terms are defined in the Federal Food, Drug, and Cosmetic Act,[2] authorized by the State of New York or the United States
Food and Drug Administration for sale.
The Village of Port Washington North.
A.
No person shall sell or permit the sale of age-restricted products
to any person under the age of 21.
B.
The identification requirements contained in New York State Public
Health Law Article 13-F, § 1399-cc, Subdivision 3, as the
same may be amended from time to time, are hereby incorporated into
this chapter by this reference, except that the age to be proven by
such identification shall be 21.
C.
Age-restricted products may not be sold in vending machines located
in the Village of Port Washington North.
D.
No person operating a place of business within the Village wherein
age-restricted products are sold or offered for sale shall sell, permit
to be sold, offer for sale or display for sale any age-restricted
product in any manner, unless such age-restricted product is stored
for sale:
(1)
Behind a counter in an area accessible only to the personnel of such
business; or
(2)
In a locked container, provided; however, such restriction shall
not apply to tobacco businesses as defined in subdivision eight of
§ 1399-aa of New York State Public Health Law Article 13-F,
as the same may be amended from time to time, and to places to which
admission is restricted to persons 21 years of age or older.
A.
No person shall sell or permit the sale of an age-restricted product
in the Village unless a notice is posted in a conspicuous place at
the location where the age-restricted product is sold.
B.
The sign shall provide notice, which shall state: "SALE OF CIGARETTES,
CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, SHISHA. BIDIS, GUTKA OR
OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC
CIGARETTES, ROLLING PAPERS, OR SMOKING PARAPHERNALIA, TO PERSONS UNDER
21 YEARS OF AGE IS PROHIBITED BY LOCAL LAW."
C.
Such sign shall be printed on a white card in red letters at least
1/2 inch in height. Signs shall be protected from tampering, damage,
removal, or concealment.
Any enforcement officer is authorized to enforce and ensure
compliance with this chapter.
Each and every violation of, or failure to comply with, any
provision of this chapter shall constitute a violation, punishable
as follows: for a conviction of a first offense, by a fine not to
exceed $250, or imprisonment for a period not to exceed 15 days, or
both such fine and imprisonment; for a conviction of a second offense,
both of which were committed within a period of five years, by a fine
not less than $250, nor more than $500, or imprisonment for a period
not to exceed 15 days, or both such fine and imprisonment; and for
a conviction of a third or subsequent offense, all of which were committed
within a period of five years, by a fine not less than $500, nor more
than $1000, or imprisonment for a period not to exceed 15 days, or
both such fine and imprisonment.
If any clause, sentence, paragraph, subdivision, section or
part of this chapter or the application thereof to any person, individual,
corporation, firm, partnership or business shall be adjudged by any
court of competent jurisdiction to be invalid or unconstitutional,
then such order or judgment shall not affect, impair, or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part of this
chapter, or in its specific application.
This chapter shall take effect immediately.
