As used in this chapter, the following terms shall have the
meanings indicated:
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]
LEGAL AGE
The minimum age at which individuals are permitted to legally
purchase tobacco products or tobacco-related products.
PERSON
Any natural person, company, corporation, firm, partnership,
business, organization, or other legal entity.
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.
[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.
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.
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.