[HISTORY: Adopted by the Board of Trustees of the Village
of Farmingdale as indicated in article histories. Amendments noted
where applicable.]
[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:
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."
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.
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.
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.
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.
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.
Any product which is smoked with or through the use of a
hookah pipe.
Any liquid product composed either in whole or part of pure
nicotine and propylene glycol and manufactured for use with e-cigarettes.
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association, or other entity or business of any kind.
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.
A.
Any person operating a place of business wherein tobacco products,
herbal cigarettes, non-tobacco hookah products or any other smoking
devices are sold or offered for sale is prohibited from selling such
products, to individuals under 21 years of age. Sale of such products
other than by a vending machine, which complies with New York State
Law, shall be made only to an individual who demonstrates, through
a valid New York State driver's license or nondriver's identification
card or other state or federal government issued identification, that
they are 21 years of age or older.
B.
No person operating a place of business wherein the products referenced in § 465-3A are sold, shall sell, permit to be sold, offer for sale or display for sale any such product in any manner, unless such products are stored for sale behind a counter in an area accessible only to the personnel of such business, or in a locked container; provided, however, such restriction shall not apply to such businesses and places to which admission is restricted to persons 21 years of age or older.
C.
The prohibitions in this section shall include a prohibition against
the sale, distribution or offer for sale to an individual under 21
years of age, of an electronic device, a component for an electronic
device, or a product used to refill or resupply an electronic device
that can be used to deliver nicotine to the individual inhaling from
the device.
A.
Sign for the sale of smoking devices and tobacco products (other than those in Subsection B of this section). Any person operating a place of business wherein tobacco products, non-tobacco hookah products or herbal cigarettes are sold or offered for sale and shall post, in a conspicuous place at the register or other location where the product is sold, a sign upon which there shall be imprinted the following statement:
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SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBACCO,
HOOKAH PRODUCTS OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, ROLLING
PAPERS OR PIPES TO PERSONS UNDER 21 YEARS OF AGE IS PROHIBITED UNDER
PENALTY OF LAW.
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B.
Signs for electronic cigarettes, ENDS, liquid nicotine, or other
similar smoking devices. Any person operating a place of business
which sells electronic cigarettes, liquid nicotine, or other similar
smoking devices shall post signage in a conspicuous place at the register
or other location where the product is sold which states:
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LIQUID NICOTINE WARNING:
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LIQUID NICOTINE MAY BE POISONOUS IF SWALLOWED, INHALED OR IF
IT COMES IN CONTACT WITH SKIN. IT IS NOT REGULATED, SO THE AMOUNT
OF NICOTINE IN ANY CONTAINER IS UNCERTAIN. KEEP OUT OF REACH OF CHILDREN.
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THE USE OF LIQUID NICOTINE CAN BE ADDICTIVE. IT MAY INCREASE
HEART RATE AND BLOOD PRESSURE, CAUSE DIZZINESS AND NAUSEA, AND AGGRAVATE
RESPIRATORY CONDITIONS. WOMEN WHO ARE PREGNANT OR BREASTFEEDING, PERSONS
WITH OR AT RISK FOR HEART DISEASE, HIGH BLOOD PRESSURE, DIABETES,
OR TAKING MEDICINE FOR DEPRESSION OR ASTHMA SHOULD NOT USE THIS PRODUCT.
INGESTION OF LIQUID NICOTINE MAY BE FATAL.
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C.
Any sign language required by this section shall be printed on a
white card. The sign language shall be in red capital letters and
at least 3/4 inch in height.
A.
Any hookah bar operating in the Incorporated Village of Farmingdale
shall at all times have a functioning carbon monoxide detector located
in each room of the establishment in which hookahs are available for
use.
B.
Each carbon monoxide detector installed in a hookah bar shall have
a digital readout displaying the carbon monoxide concentration in
parts per million and shall be tested annually.
A.
Any person operating a place of business selling electronic cigarettes,
ENDS, liquid nicotine, or other similar smoking devices shall register
with the Superintendent of Buildings of the Incorporated Village of
Farmingdale.
B.
A registration application shall be submitted to the Superintendent
of Buildings with a registration fee of $150. An application renewing
the registration shall be submitted annually.
D.
Upon approval, the Superintendent of Buildings shall issue a registration
number and expiration date for each registration.
E.
Persons who are currently registered to sell tobacco products through
the New York State Department of Taxation and Finance shall be exempted
from the provisions of this section.
A.
The Building Superintendent or his designee shall enforce this chapter.
B.
For violations of this chapter, the following fine schedule shall
apply:
(1)
A first offense: a fine of no more than $1,500, and/or 15 days in
jail, after a finding or plea of guilty before the Village's Justice
Court.
(2)
A second offense within 12 months of the first offense: a fine of
no less than $2,000 and no more than $3,000, and/or 15 days in jail,
after a finding or plea of guilty before the Village's Justice Court.
(3)
Any subsequent offense within 12 months of the first offense: a fine
of no less than $3,000 and no more than $5,000 and/or 15 days in jail,
after a finding or plea of guilty before the Village's Justice Court.
(4)
Each week there is a violation of this chapter shall constitute a
separate offense and shall be punishable as such.
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:
[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.
