[HISTORY: Adopted by the Board of Trustees of the Village of Endicott 2-17-2020 by L.L. No. 14-2020. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATIVE HEARING
A hearing by the Village Manager or his designee.
ADULT-ONLY ESTABLISHMENT
A facility where the operator ensures or has a reasonable basis to believe (such as checking identification of any person appearing to be under the age of 25) that no person under the age of 21 is permitted entrance.
AGE-VERIFIED CUSTOMER
Any individual who has presented a driver's license or other photographic identification card issued by a government entity or educational institution indicating that the individual is of legal age. Such identification need not be required of any individual who reasonably appears to be at least 25 years of age; provided, however, that such appearance shall not constitute a defense in any proceeding alleging a violation of this chapter. It shall be an affirmative defense to a violation of this chapter that the tobacco retailer successfully performed a transaction scan of an individual's identification as defined by New York Public Health Law § 1399-cc and that a tobacco product or tobacco-related product was provided to such individual in reasonable reliance upon such identification and transaction scan.
APPLICANT
An individual, partnership, limited liability company, corporation, or other business entity seeking a tobacco retail license.
VILLAGE CLERK
The Village Clerk, Deputy Village Clerk, or Village Manager.
[Amended 5-17-2021 by L.L. No. 3-2021]
FIRE DEPARTMENT
The Village of Endicott Fire Department.
LEGAL AGE
The minimum age at which individuals are permitted to legally purchase tobacco products or tobacco-related products.
NEW TOBACCO RETAIL LICENSE
Any tobacco retail license that is not a renewed tobacco retail license.
PERSON
Any natural person, company, corporation, firm, partnership, business, organization, or other legal entity.
POLICE DEPARTMENT
The Village of Endicott Police Department.
RENEWED TOBACCO RETAIL LICENSE
A tobacco retail license issued to an applicant for the same location at which the applicant possessed a valid tobacco retail license during the previous year.
SCHOOL
A public or private pre-kindergarten, kindergarten, elementary, middle, junior high or high school or alternative school.
TOBACCO PRODUCT or TOBACCO-RELATED PRODUCT
Any manufactured product containing tobacco or nicotine, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, snus, shisha, powdered and/or dissolvable tobacco products, liquid nicotine and electronic cigarette cartridges, whether packaged or not; any packaging that indicates it might contain any substance containing tobacco or nicotine; or any object utilized for the purpose of smoking or inhaling tobacco or nicotine products. However, "tobacco product" or "tobacco-related product" does not include any product that has been approved by the U.S. Food and Drug Administration, pursuant to its authority over drugs and devices, for sale as a tobacco use cessation product or for other medical purposes and is being marketed and sold solely for that approved purpose.
TOBACCO RETAILER
Any person who sells or offers for sale any tobacco product or tobacco-related product or any employee of such a person.
TOBACCO RETAIL LICENSE
A license issued by the Village Clerk to a person to engage in the retail sale of tobacco products or tobacco-related products in the Village of Endicott.
A. 
Starting May 1, 2020, no person shall sell, offer for sale, or permit the sale of tobacco products or tobacco-related products to consumers in the Village of Endicott without a valid tobacco retail license issued by the Village Clerk. A tobacco retail license is not required for a wholesale dealer who sells tobacco products or tobacco-related products to retail dealers for the purpose of resale only and does not sell tobacco products or tobacco-related products directly to consumers.
B. 
License required for each address; transferability.
[Amended 10-19-2020 by L.L. No. 24-2020]
(1) 
All tobacco retail licenses issued pursuant to this section are valid only for the applicant and the specific address indicated on the tobacco retail license. Tobacco retail licenses are transferable and assignable only upon approval by the Village Clerk. Such approval may be granted if:
(a) 
The license is transferred or assigned in connection with the sale of a business which was previously licensed under this chapter to a new owner who will operate the business at the same address as the existing licensee;
(b) 
No enforcement action has been taken against the transferor/assignor pursuant to § 230-9 within the 24 months preceding the transfer/assignment; and
(c) 
The transferee/assignee satisfies all of the standards for issuance of a new license pursuant to § 230-3C.
(2) 
A separate tobacco retail license is required for each address at which tobacco products or tobacco-related products are sold or offered for sale. Except as specified above, any change in business ownership or business address of a person holding a tobacco retail license shall immediately terminate such person's tobacco retail license, provided such person may apply for a new tobacco retail license.
C. 
All tobacco retail licenses issued pursuant to this section are valid for no more than one year and expire on April 30 following the effective date of the tobacco retail license. As set forth in § 230-8, a tobacco retail license may be revoked by the Police Chief or designee prior to its expiration date for cause.
D. 
Applications for a new tobacco retail license shall be made on a form specified by the Village Clerk, at least 30 days prior to May 1. The Village Clerk may require such forms to be signed and verified by the applicant or an authorized agent thereof.
E. 
Applications for a renewed tobacco retail license shall be made on a form specified by the Village Clerk at least 30 days prior to the expiration of the current license. The Village Clerk may require such forms to be signed and verified by the applicant or an authorized agent thereof.
F. 
Applications for a new or renewed tobacco retail license shall be accompanied by the fee required by § 230-7.
G. 
The issuance of any tobacco retail license pursuant to this chapter is done in the discretion of the Village of Endicott and shall not confer upon licensee any property rights in the continued possession of such a license.
A. 
Upon the receipt of a completed application for a new or renewed tobacco retail license and the fee required by § 230-7, the Police Department and the Fire Department, upon the showing of proper credentials and in the discharge of their duties, may enter to inspect the location at which tobacco sales are to be permitted. The Police Department also may ask the applicant to provide additional information that is reasonably related to the determination of whether a license may issue.
B. 
At the request of the Police Department or Fire Department, the Village Attorney is authorized to make application to the Village Court or any other court of competent jurisdiction for the issuance of a search warrant to be executed by a police officer in order to conduct an inspection of any premises believed to be subject to this chapter. The Police Chief or Fire Chief or their designee may seek a search warrant whenever the owner, managing agent, or occupant fails to allow inspections of any dwelling unit contained in the rental property where there is a reasonable cause to believe that there is a violation of this chapter, the New York State Uniform Fire Prevention and Building Code, or the Code of the Village of Endicott.
C. 
No tobacco retail license shall be issued by the Village Clerk to an applicant if one or more of the following bases for denial exists:
(1) 
The information presented in the application is incomplete, inaccurate, false, or misleading;
(2) 
The fee for the application has not been paid as required;
(3) 
The applicant does not possess a valid certificate of registration as a tobacco retail dealer from the New York State Department of Taxation and Finance at the location for which an application is requested and New York State requires the applicant to possesses such valid certificate of registration;
[Amended 5-17-2021 by L.L. No. 3-2021]
(4) 
The applicant seeks a new tobacco retail license at a location for which this chapter prohibits the issuance of a new tobacco retail license;
(5) 
The applicant has previously had a tobacco retail license issued under this chapter revoked;
(6) 
A tobacco retail license issued under this chapter for the same address or location previously has been revoked;
(7) 
The applicant has been found by a court of law or administrative body to have violated any federal, state or local laws pertaining to:
(a) 
Trafficking in contraband tobacco products, tobacco-related products, or illegal drugs;
(b) 
The payment or collection of taxes on tobacco products or tobacco-related products;
(c) 
The display of tobacco products or tobacco-related products or of health warnings pertaining to tobacco products or tobacco-related products; or
(d) 
The sale of tobacco products or tobacco-related products;
(8) 
The applicant is not in compliance with all applicable provisions of the New York State Uniform Building Code, Fire Prevention Code, Property Maintenance Code, Electrical Code and Plumbing Code, and the Code of the Village of Endicott; and
(9) 
The applicant has not paid to the Village of Endicott outstanding fees, fines, penalties, or other charges owed to the Village of Endicott.
(10) 
The applicant has failed to implement or adhere to the plan required by § 230-4A(1) or the described security measures applicant submitted as required by § 230-4A(2), provided the foregoing requirements shall not apply to any tobacco retailer that possess a valid tobacco license on May 1, 2021.
[Added 5-17-2021 by L.L. No. 3-2021]
[Amended 5-17-2021 by L.L. No. 3-2021]
In addition to the requirements set forth in § 230-3, the following standards shall apply to the issuance of new tobacco retail licenses.
A. 
Each application for a new tobacco retail license shall include the following:
(1) 
A plan detailing how the applicant will ensure that no tobacco products or tobacco-related products are sold to individuals that are below the legal age, including, for example, employee training, policies for customer age identification, and signage.
(2) 
A description of the security measures that the applicant will take at the premises to be licensed, including, for example, camera systems, alarm systems, safes, security glass, and access control.
(3) 
A description of the types of products that the applicant intends to sell at the premises to be licensed and the percentage of tobacco products or tobacco-related products versus the percentage of other types of products that the applicant intends to sell.
B. 
No application shall be deemed complete until an applicant submits all of the information and documentation required by this Chapter 230, provided that if an applicant submits an incomplete application and fails to complete such application within 15 days, the applicant will be required to submit a new application and pay a new application fee pursuant to § 230-7.
C. 
Completed applications.
(1) 
Completed applications for new tobacco retail licenses will be forwarded to the:
(a) 
Chief of the Fire Department;
(b) 
Chief of the Police Department;
(c) 
Code Enforcement Officer; and
(d) 
School Board of the Union-Endicott Central School District.
(2) 
Each of which shall have an opportunity to provide comment and feedback on such application to the Village Manager within 30 days of receipt of the completed application.
D. 
Completed applications for new tobacco retail licenses will be forwarded to the Planning Board of the Village of Endicott which shall issue an advisory opinion and/or comments to the Village Manager within 30 days of receipt of the completed application.
E. 
The Village Manager shall issue a written decision granting or denying applicant's application for a new tobacco retail license within 60 days of the Village receiving a completed application. Failure to issue a written decision within the time period specified herein shall not be deemed an approval of the license.
F. 
The Village Manager shall deny the issuance of a new tobacco retail license if the Village Manager determines that the issuance of such license will adversely affect the health, safety or welfare of the inhabitants of the Village or the neighborhood where the premises to be licensed will be located taking into account the following factors, provided that no individual factor shall be dispositive:
(1) 
The applicant's plan to prevent the sale of tobacco products or tobacco-related products to individuals that are below the legal age.
(2) 
The applicant's security measures.
(3) 
The comments of the Fire Chief, Police Chief, Code Enforcement Officer, School Board of the Union-Endicott Central School District, and Village Planning Board.
(4) 
All of the factors set forth in § 230-3C.
A. 
No tobacco retail license shall be issued to any seller of tobacco products or tobacco-related products that is not in a fixed permanent location.[1]
[1]
Editor's Note: Former Subsection B, regarding establishments within 1,000 feet of a school, was repealed 5-17-2021 by L.L. No. 3-2021.
A. 
Any tobacco retail license issued pursuant to this chapter shall be displayed prominently at the location where tobacco products or tobacco-related products are sold so that it is readily visible to customers.
B. 
Selling, offering for sale, or permitting the sale of any tobacco product or tobacco-related product without a valid tobacco retail license displayed in accordance with Subsection A constitutes a violation of this chapter.
Each application for a new or renewed tobacco retail license shall be accompanied by a fee as set by resolution of the Board of Trustees for the Village of Endicott.
Any person who is found to be in violation of the terms and conditions of this chapter or in violation of any federal, state, or local law or regulation pertaining to a) the display of tobacco products or tobacco-related products or of health warnings pertaining to tobacco products or tobacco-related products, or b) the sale of tobacco products or tobacco-related products shall have their tobacco retail license suspended for up to three months for a first offense, and up to six months for a second offense, or revoked for a third offense, after notice and an opportunity to be heard at an administrative hearing before the Village Manager or his designee.
A. 
The Police Department and the Code Enforcement Officer shall enforce the provisions of this chapter. The Police Department and the Fire Department may conduct periodic inspections in order to ensure compliance with this chapter. Nothing in this chapter shall preclude the Fire Department and its Bureau of Fire Prevention and Bureau of Code Compliance from enforcing the New York State Uniform Fire Prevention and Building Code in accordance with all other New York State and local laws, rules and regulations.
B. 
In addition to the penalties provided for in § 230-8, any person found to be in violation of this chapter shall be subject to any and all of the following:
(1) 
Criminal. Any infraction of the provisions of this chapter by failure to comply with any of its requirements shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the license, shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Village of Endicott from taking such other lawful action as necessary to prevent or remedy an infraction.
(2) 
Civil. Any person or entity who violates any of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the license, shall be liable for a civil penalty of not more than $1,000 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Village of Endicott.
(3) 
Injunctive relief. An action or proceeding may be instituted in the name of the Village of Endicott, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this chapter, or any term or condition of any license issued pursuant to any provision of this chapter. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Village Board.
The provisions of this chapter are declared to be severable, and if any section or subsection of this chapter is held to be invalid, such invalidity shall not affect the other provisions of this chapter that can be given effect without the invalidated provision.