[Adopted 11-6-2017 by L.L. No. 12-2017]
The Board of Trustees of the Incorporated Village of Farmingdale
has determined that the smoking and the use of tobacco and tobacco-related
products is a major cause of serious disease and death. The Board
finds that tobacco and tobacco-related products are highly addictive
and has determined that the overwhelming majority of individuals that
smoke or use tobacco or tobacco-related products are exposed to, and
begin using, such products when they are minors. Accordingly, the
Board finds that the effects of smoking and the use of tobacco and
tobacco-related products poses a significant threat to the health,
safety and welfare to the public and especially to the youth within
the Village. The Board of Trustees concludes that the dangers posed
by tobacco and tobacco-related products are not limited to cigarettes,
pipes or other traditional forms of smoking. The Board finds that
these dangers are also posed by high-tech smoking devices, including
those commonly referred to as "electronic cigarettes" or "e-cigarettes."
The purpose of this chapter is to regulate, within the Incorporated
Village of Farmingdale, smoking and the use of tobacco and related
products; to prohibit the sale to persons under the age of 21 of tobacco,
tobacco-related or smoking-related products, including the sale of
high-tech smoking devices including "electronic cigarettes" or "e-cigarettes."
The purpose of this chapter is also to prohibit the use of e-cigarettes
and like products in public places where traditional forms of smoking
is prohibited.
As used in this chapter, the following terms shall have the
meanings indicated:
BIDIS
A product containing tobacco that is wrapped in temburni
leaf (diospyros melanoxylon) or tendra leaf (diospryos exculpra),
or any other product offered to consumers as "beedies" or "bidis."
E-CIGARETTE
Any electronic device composed of a mouthpiece, heating element,
battery and electronic circuits that provides a vapor of liquid nicotine
and/or other substances mixed with propylene glycol to the user as
he or she simulates smoking. This term shall include such devices
whether they are manufactured as e-cigarettes, e-cigars, e-pipes or
under any other product name.
ELECTRONIC NICOTINE DELIVERY SYSTEM (ENDS)
Any electronic device composed of a mouthpiece, heating element,
battery and electronic circuits that provides a vapor of liquid nicotine
and/or other substances mixed with propylene glycol to the user as
he or she simulates smoking. This term shall include such devices
whether they are manufactured as e-cigarettes, e-cigars, e-pipes or
under any other product name. This term shall include the component
parts designed for such systems, including, but not limited to, liquid
nicotine and other e-liquids, glass or plastic vials containing liquid,
e-liquid, cartridges, atomizers, batteries, cartomizers and clearomizers,
digital displays/lights that adjust settings, tank systems, drip tips,
flavoring for ENDS and programmable software.
HERBAL CIGARETTE
Any product made primarily of an herb or combination of herbs,
and intended to be smoked in any of the methods that tobacco is smoked,
including, but not limited to, as a cigarette, cigar or pipe filler.
HOOKAH PIPE
A pipe for smoking consisting of one or more long, flexible
stems connected to a container of water or other liquid through which
smoke is drawn and cooled.
HOOKAH BAR
A sole proprietorship, corporation, partnership or other
enterprise in which the primary activity is the sale, manufacture
or promotion of flavored tobacco or other hookah products for consumption
on premises using a hookah, and in which the sale, manufacture or
promotion of other products is merely incidental.
HOOKAH PRODUCTS
Any product which is smoked with or through the use of a
hookah pipe.
LIQUID NICOTINE
Any liquid product composed either in whole or part of pure
nicotine and propylene glycol and manufactured for use with e-cigarettes.
PERSON
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association, or other entity or business of any kind.
TOBACCO PRODUCT/TOBACCO PRODUCTS
One or more cigarettes, e-cigarettes or cigars, bidis, chewing
tobacco, powdered tobacco, liquid nicotine, hookah products, blunt
papers or wrappers, cigarette rolling papers of any kind, pipes, or
any other tobacco products.
The use and smoking of any tobacco products, hookah products,
non-tobacco hookah products, herbal cigarettes, electronic cigarettes,
ENDS, liquid nicotine, or other similar smoking devices shall be prohibited
in those public spaces where New York State or federal law prohibits
traditional smoking.
In the event that any provision of this chapter conflicts with
New York State, federal, or other local law it is the intent of the
Board of Trustees, to the greatest extent permitted by law, that the
most restrictive provision govern. If any subdivision, sentence, clause,
phrase or other portion of this chapter is, for any reason, declared
unconstitutional or invalid, in whole or in part, by any court of
competent jurisdiction, such portion shall be deemed severable and
such unconstitutionality or invalidity shall not affect the validity
of the remaining portions of this chapter, which remaining portions
shall remain in full force and effect.
This chapter shall take effect immediately upon its filing in
the office of the Secretary of State except that Board of Trustees
may grant an exemption to any business operating pursuant to a valid
special use permit as of the effective date of this chapter, subject
to the terms and conditions placed thereon by the Board of Trustees.
[Adopted 9-13-2021 by L.L. No. 5-2021]
It is the intent of this article to opt the Incorporated Village
of Farmingdale (Village) out of hosting retail cannabis dispensaries
and/or on-site cannabis consumption establishments within the Village.
The Village Board of Trustees finds that the establishment of retail
sale and on-site cannabis consumption establishments in the Village
would be detrimental to the health and welfare of the public, especially
its youth. The Board is mindful that by prohibiting retail cannabis
dispensaries and/or on-site cannabis consumption establishments in
the Village it will not receive tax revenue attributable to sales
of cannabis. It is the intent of the Village Board of Trustees to
prohibit retail cannabis dispensaries and/or on-site cannabis consumption
establishments from locating and/or operating within the Village.
The intent of this article is not to regulate the use of cannabis
beyond the regulation permitted by the State of New York and the United
States of America.
This article is adopted pursuant to Cannabis Law § 131,
which expressly authorizes cities and villages to opt-out of allowing
retail cannabis dispensaries and/or on-site cannabis consumption establishments
to locate and operate within their boundaries.
The Village Board of Trustees hereby opts-out of licensing and
establishing cannabis retail dispensaries and/or cannabis on-site
consumption establishments within its boundaries.
Retail cannabis dispensaries and/or on-site cannabis consumption
establishments shall be prohibited in the Village.
If a court determines that any clause, sentence, paragraph,
subdivision, or part of this article or the application thereof to
any person, firm or corporation, or circumstance is invalid or unconstitutional,
the court's order or judgment shall not affect, impair, or invalidate
the remainder of this article, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, or part of this article
or in its application to the person, individual, firm or corporation
or circumstance, directly involved in the controversy in which such
judgment or order shall be rendered.
This article shall take effect immediately upon filing with
the Secretary of State. Pursuant to Cannabis Law § 131,
this article was subject to a permissive referendum and was filed
with the Secretary of State after the applicable time period to file
a petition elapsed. No petition was filed and no referendum was required
or conducted.
[Added 12-6-2021 by L.L. No. 8-2021]
The smoking of any cannabis or related products shall be prohibited
in those public spaces where New York State or federal law prohibits
traditional smoking or the smoking of cannabis.
[Added 12-6-2021 by L.L. No. 8-2021]
The smoking of cannabis or related products shall be prohibited:
B. On any
property owned by the Village;
C. At any
LIRR parking lot; and
D. Within
500 feet of a school, ball field, playground, park or place of worship.
[Added 12-6-2021 by L.L. No. 8-2021]
Violations of this article shall be punishable by the assessment
of a civil penalty in the amount of no more than $1,500 for a first
offense; an assessment of a civil penalty in the amount of no more
than $3,000 (but no less than $2,000) for a second offence within
six months of the first offense and by the assessment of a civil penalty
in the amount of no more than $5,000 (but no less than $3,000) for
a third offense within 12 months of the first offense. For a fourth
and subsequent offense within 12 months of the first offense, the
civil penalty shall be two times the last assessed penalty.