[HISTORY: Adopted by the Board of Trustees of the Village
of Ardsley as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-18-2018 by L.L. No. 4-2018]
A.
The Village Board hereby finds and determines that the Village of
Ardsley has a substantial interest in reducing the number of individuals
of all ages who use cigarettes and other tobacco and nicotine products,
and a particular interest in protecting adolescents from tobacco dependence
and the illnesses and premature death associated with tobacco and
nicotine use. Tobacco companies sell products that are addictive and
inherently dangerous, causing cancer, heart disease and other serious
illnesses. Primary tobacco use is a major cause of mortality and morbidity,
directly causing an estimated 480,000 deaths per year in the United
States, more deaths than are caused by the use of any other legal
or illegal substance or drug. An overwhelming majority of Americans
who use tobacco products begin using such products while they are
adolescents and become addicted before reaching the age of 18. The
Surgeon General of the United States has concluded that if young people
do not start using tobacco by age 26, they almost certainly will never
start. The effects of smoking generated by smoking cigars, cigarettes,
pipes, and similar articles pose a threat to the health, safety and
well-being of youths within the Village of Ardsley. Therefore, it
is the intent of the Village of Ardsley to reduce the youth smoking
rate by prohibiting the sale of tobacco products to persons under
the age of 21.
B.
The Village Board further finds that the Village has substantial
interest in responding to the increased use of electronic cigarettes
and nicotine delivery products among adolescents. E-cigarettes are
now the most commonly used tobacco product among youth, having surpassed
conventional cigarettes in 2014. Public health authorities and agencies,
including the Centers for Disease Control and Prevention and United
States Surgeon General, have advised that the use of e-cigarettes
and nicotine delivery products poses significant and avoidable health
risks to young people.
As used in this article the following terms shall the meanings
indicated:
Any article or product made wholly or in part of a tobacco
substitute or otherwise containing nicotine that is expected or intended
for human consumption, but not including a tobacco substitute prescribed
by a licensed physician or a product that has been approved by the
United States Food and Drug Administration for sale as a tobacco use
cessation or harm reduction product or for other medical purposes
and which is being marketed and sold solely for that purpose. Nicotine
delivery products include, but are not limited to, e-cigarettes, vapes,
vaporizers, vape pens, lozenges or other candy, drinks or inhalers.
A person, firm, company, corporation, partnership, sole proprietor,
limited partnership or association.
One or more cigarettes or cigars, bidis, chewing tobacco,
powdered tobacco, blunt papers or wrappers, cigarette rolling papers
of any kind, or any other tobacco products.
A retail outlet with 25% of its retail space devoted to selling
or distributing of any tobacco products as defined herein, including
but not limited to selling or distributing any electronic cigarette
or vapor products, including but not limited to electronic cigarettes,
vape pens, dissolvable liquids, vaporizing liquids, oils or gels,
mods, atomizers, vape tanks and coil heads.
A.
No person shall sell tobacco products, liquid nicotine products or
nicotine delivery products in the Village of Ardsley unless the sale
of such products is controlled by an employee of the establishment.
A person may only sell tobacco products or nicotine delivery products
in a direct, face-to-face exchange between the retailer and the consumer.
Self-service displays of tobacco products or nicotine delivery products
shall be prohibited.
B.
No person shall sell tobacco products, liquid nicotine products or
nicotine delivery products to any person under the age of 21 years
or, not being his/her parent or guardian, give tobacco products or
nicotine delivery products to any person under the age of 21.
C.
The sale of tobacco products, liquid nicotine products and nicotine
delivery products shall only be made to an individual who demonstrates
through a government-issued photographic identification containing
the bearer's date of birth that no person purchasing the tobacco
or nicotine containing products is younger than 21 years of age. No
such verification is required for any person who reasonably appears
to be over the age of 26. No clerk shall sell tobacco products or
nicotine delivery products to a person under 21 years of age who has
a note from an adult requesting such a sale.
A vape shop shall be subject to the following special provisions
with respect to their locations:
A.
A vape shop may only be located in those districts enumerated on
the Zoning Map of the Village of Ardsley as District B-1 or B-2. A
vape shop shall not be located within 500 feet of the lot line of
any park, playground, library, religious institution or public community
center. Such distance shall be measured from the closest point of
the store front to the nearest point of the lot line of the property
with a park, playground, religious institution or public community
center.
B.
Vape shops shall not be located within 2,000 feet of the lot line
of any school, public or private, and such distance shall be measured
from the closest point of the store front to the nearest point of
the lot line of the school property.
C.
No more than one vape shop shall be located on any lot or within
1,000 feet of any other vape shop.
D.
Vape shops shall be prohibited in all residential districts as identified
on the Zoning Map for the Village of Ardsley.
Retail establishments where tobacco products or nicotine delivery
products are sold shall conspicuously post and reasonably maintain
signs where these products are displayed and at all check-out counters
notifying customers that proof of age is required to purchase tobacco
products or nicotine delivery products.
A.
Such signs shall be imprinted with the following statement: "SALE
OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, SHISHA 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 LAW."
B.
Such sign shall be printed on a white card in red capital letters
at least 3/4 inch in height.
The Police Department of the Village of Ardsley shall enforce
the provisions of this chapter.
A violation of any provision of this chapter shall be punishable
by a fine not to exceed $350 for a first offense, $750 for a second
offense, and $1,000 for each subsequent offense or by imprisonment
not to exceed 30 days, or both such fine and imprisonment.
It is the intention of the Village of Ardsley and it is hereby
enacted that the provisions of this chapter shall be included in the
Code of the Village of Ardsley; that the sections and subsections
of this chapter may be renumbered and relettered by the codifier to
accomplish such intention; that the codifier shall make no substantive
changes to this chapter; that the words "local law" shall be changed
to "chapter," "section" or other appropriate word as required for
codification; and that any such rearranging of the numbering and editing
shall not affect the validity of this chapter or the provision of
the Code affected thereby.
The provision of this chapter are separable and if any provision,
clause, sentence, subsection, word or part thereof is held illegal,
invalid or unconstitutional or inapplicable to any person or circumstance,
such illegality, invalidity or unconstitutionality, or inapplicability
shall not affect or impair any of remaining provisions, clauses, sentences,
subsections, words or parts of this chapter or their petition to other
persons or circumstances. It is hereby declared to be the legislative
intent that this chapter would have been adopted if such illegal,
invalid or unconstitutional provision, clause, sentence, subsection,
word or part had not been included therein, and if such person or
circumstance to which the chapter or part hereof is held inapplicable
had been specifically exempt therefrom.
This chapter shall take effect immediately upon filing with
the Office of the Secretary of State.
