[Adopted 3-20-2017 by L.L. No. 1-2017]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 63.
[1]
Editor's Note: This chapter was originally adopted as Ch.
173 but was renumbered in order to maintain the alphabetical organization
of the Code.
The Village Board hereby finds and determines that the sale
of tobacco and related products to individuals under 21 years of age
should be prohibited in the Village of Williston Park 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 adolescences and into adulthood;
(3)
Almost one in five high school seniors is a current cigarette smoker;
(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 old;
(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 population; and
(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 psychological 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, and the use of e-cigarettes increased nearly 10
times for high schools. E-cigarettes are now the primary form of tobacco
use among teens. Furthermore, after e-cigarettes and cigarettes, the
Centers for Disease Control and Prevention reports that 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 findings 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 disease. 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.
A.
Unless otherwise expressly stated, the following terms shall, for
the purpose of this Code, have the meanings indicated 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. Where terms
are not defined in this Code, the words as defined in New York State
Public Health Law Article 13-F shall prevail; and if the term is not
defined in either, then the word as defined in the most current edition
of Webster's Dictionary shall prevail.
B.
ACCESSORY
(1)
(2)
AGE-RESTRICTED PRODUCTS
COMPONENT or PART
ELECTRONIC AEROSOL DELIVERY SYSTEM
ENFORCEMENT OFFICER
SHISHA
SMOKING PARAPHERNALIA
TOBACCO PRODUCT
VILLAGE
For the purpose of this chapter, the terms used herein are defined
as follows:
Any product that is intended or reasonably expected to be used
with or for the human consumption of tobacco products; does not contain
tobacco and is not made or derived from tobacco; and meets either
of the following:
Accessory includes, but is not limited to, carrying cases, lanyards
and holsters.
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 authorized
for sale by the state or United States Food and Drug, Administration,
as those terms are defined in the Federal Food, Drug, and Cosmetic
Act.[1]
Any police officer, building official, code enforcement officer,
inspector, county health inspector or other employee of the Village
of Williston Park authorized 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,
other tobacco products, nicotine water. Tobacco product does not include
drugs, devices, or combination products authorized for sale by the
state or United States Food and Drug Administration, as those terms
are defined in the Federal Food, Drug and Cosmetic Act.[2]
The Incorporated Village of Williston Park.
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(3), as the same may be
amended from time to time, are hereby incorporated into this chapter
by 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.
D.
No person operating a place of business 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 (a) behind a
counter in an area accessible only to the personnel of such business,
or (b) in a locked container; provided, however, such restriction
shall not apply to tobacco businesses as defined in Subdivision 8
of § 1399-aa of New York State Public Health Law Article
13-F, as the same may be amended from time to time, to places to which
admission is restricted to persons 21 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
one-half inch in height. Signs shall be protected from tampering,
damage, removal, or concealment.
A.
The enforcement officer is charged with ensuring compliance with
this chapter.
B.
The enforcement officer shall be authorized to serve official notices
of violation of this chapter.
C.
For a violation of this chapter:
(1)
The enforcement officer may issue and serve upon the person complained
against an appearance ticket, returnable in the Village Court.
(2)
The appearance ticket shall specify the provision(s) of this chapter
of which such person is alleged to be in violation, accompanied by
a statement of the manner in which that person is alleged to have
violated it, and shall require the person so complained against to
answer the charges before the Village Court at a specified location,
date, and time, not fewer than 15 days after the date of service of
the notice;
(3)
When the Village Court determines that a violation of this chapter has occurred, a civil penalty may be imposed by the Court pursuant to § 206-6 of this chapter.
(4)
Nothing herein shall be construed as prohibiting the Village Attorney
or his or her designee from commencing a proceeding for injunctive
relief to compel compliance with this chapter;
(5)
Any person who desires to register a complaint under this chapter
may do so through the enforcement officer;
Violation of any provision of this chapter shall be punishable
by a civil penalty in an amount determined by the Village Court, within
the parameters of the minimum and maximum penalties set forth in New
York State Public Health Law § 1399-ee(2), as the same may
be amended from time to time.
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,
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 become effective upon filing with the Secretary
of State.