A.
The Town Board finds that electronic nicotine delivery systems, commonly known as "e-cigarettes," have been growing steadily in popularity since entering the United States retail market in 2007. E-cigarettes are often advertised as alternatives to traditional tobacco products. The Town Board finds that many convenience and grocery stores sell these products, with some dedicated "vape shops" and "head shops" exclusively selling e-cigarettes, liquid nicotine and related products. Such devices may contribute to youth smoking and reduced cessation, 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.
B.
The Town Board finds that the Town has a 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 U.S. Surgeon General, have advised that the use of e-cigarettes and nicotine delivery products poses significant and avoidable health risks to young people. In addition, the Town Board hereby finds that certain e-cigarette sales activities, by their nature, have serious objectionable operation characteristics which can lead to a significant impact on the surrounding community. The Town Board further finds that the unrestrained proliferation of such businesses is inconsistent with existing development and future plans for the Town of Bedford in that they often result in influences on the community which increase the crime rate and undermine the economic, moral and social welfare of the community. The deleterious effects of e-cigarette sales change the economic, social and moral character of the existing community and adversely affect existing businesses and community and family life. As business activity drops off and the quality of life deteriorates, merchants and families move away from the area, leaving it in a vacant and depressed state. The purpose of this chapter is to prevent the unrestricted proliferation of such businesses and to ensure that the effects of such businesses will not adversely affect the health, safety and economic well-being of the community by enacting criteria for the placement, construction and/or permitting of vaping sales uses in the Town.
C.
Therefore, in order to serve the public health, safety and welfare of the residents and businesses within the Town, the declared purpose of this chapter is to regulate the sale of electronic nicotine delivery systems and the establishment of vape shops.