[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:
A hearing by the Village Manager or his designee.
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.
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.
An individual, partnership, limited liability company, corporation,
or other business entity seeking a tobacco retail license.
The Village Clerk, Deputy Village Clerk, or Village Manager.
[Amended 5-17-2021 by L.L. No. 3-2021]
The Village of Endicott Fire Department.
The minimum age at which individuals are permitted to legally
purchase tobacco products or tobacco-related products.
Any tobacco retail license that is not a renewed tobacco
retail license.
Any natural person, company, corporation, firm, partnership,
business, organization, or other legal entity.
The Village of Endicott Police Department.
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.
A public or private pre-kindergarten, kindergarten, elementary,
middle, junior high or high school or alternative school.
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.
Any person who sells or offers for sale any tobacco product
or tobacco-related product or any employee of such a person.
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;
(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.
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.
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.
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.