[HISTORY: Adopted by the Town Board of the Town of Bedford 9-17-2019 by L.L. No. 14-2019.[1] Amendments noted where applicable.]
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.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, business, corporation, unincorporated association,
proprietorship, firm, partnership, joint venture, joint-stock association,
or other business entity of any kind.
Any electronic device composed of a mouthpiece, heating element,
battery and electronic circuits that provide a vapor of liquid nicotine,
any marijuana derivative and/or other substances, mixed with propylene
glycol or a similar substitute, 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 e-liquid, cartridges, atomizers,
batteries, cartomizers and clearomizers, digital displays/lights that
adjust settings, tank systems, drip tips, flavoring for electronic
nicotine delivery system and programmable software.
Any facility or location whose business operation, whether
as its primary use or as an ancillary use, includes the smoking or
selling of electronic nicotine delivery systems, hookahs or such other
vaping paraphernalia, vapors, e-liquids, marijuana derivative, or
other substances that are smoked through an electronic nicotine delivery
system or any related product.
A.
It shall be unlawful for any business to own, manage or operate a
vape shop outside the RB - Roadside Business Zoning District.
B.
Except as set forth in § 55-4 below, it shall be unlawful
for any business to sell any electronic nicotine delivery system outside
the RB - Roadside Business Zoning District.
A.
Any businesses located outside the RB - Roadside Business Zoning
District that are currently selling electronic nicotine delivery systems
in a particular location at the time this chapter goes into effect
shall be exempt from the provisions of this chapter, and that business,
or a successor business, shall be permitted to continue to sell electronic
nicotine delivery systems in that particular location.
B.
The exemption set forth in § 55-4A shall not override or
be applicable in the event it is preempted or superceded by any Town
of Bedford, Westchester County, New York State or federal laws, regulations
or ordinances that are enacted restricting the sale of electronic
nicotine delivery systems.
C.
Notwithstanding the exemption set forth in § 55-4A, in
the event that any business located outside the RB - Roadside Business
Zoning District that is presently selling electronic nicotine delivery
systems, or its successor, discontinues or ceases selling electronic
nicotine delivery systems for any reason for a continuous period of
more than six months, such business shall be required to comply and
be in conformity with all provisions in this chapter and shall no
longer be permitted to sell electronic nicotine delivery systems.
