The Town Board of the Town of Bethlehem hereby finds and declares
that:
A. Tobacco
use causes death and disease and continues to be an urgent public
health challenge.
B. Tobacco
companies sell and aggressively market products that are addictive
and unreasonably dangerous, causing cancer, heart disease, and other
serious illnesses.
C. Tobacco
product marketing causes youth initiation and thwarts cessation attempts
by the majority of users who want to quit.
D. Tobacco
use is a pediatric epidemic.
E. E-cigarettes
may contribute to youth smoking and reduce cessation success.
F. E-cigarettes
and similar devices pose health hazards and renormalize tobacco use,
regardless of nicotine content.
G. Tobacco
products are highly addictive and inherently toxic and should not
be treated as a benign consumer product, readily available in every
store.
H. The Town
of Bethlehem has a substantial interest in reducing the number of
individuals of all ages who use cigarettes and other tobacco products,
and a particular interest in protecting adolescents from tobacco dependence
and the illnesses and premature death associated with tobacco use.
I. The Town
of Bethlehem has a substantial and important interest in ensuring
that existing state and local tobacco sales regulation is effectively
enforced.
J. A local
licensing system for retailers of tobacco products, electronic cigarettes,
and other products regulated by Article 13-F of New York State Public
Health Law is necessary and appropriate for the public health, safety,
and welfare of our residents.
K. It is the intent of the Town of Bethlehem to implement effective measures through Chapter
114 to stop sales to youth of tobacco products, vapor products, and other products regulated by the New York Adolescent Tobacco Use Prevention Act, prevent the sale or distribution of contraband tobacco products, reduce the proliferation of tobacco outlets and marketing, and facilitate the enforcement of tax laws and other applicable federal, state and county laws relating to tobacco products.
This chapter is enacted by the Town Board of the Town of Bethlehem
pursuant to its authority to adopt local laws under the New York State
Constitution Article IX and Municipal Home Rule Law § 10.
As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY
A product that is intended or reasonably expected to be used
with or for the human consumption of a tobacco product or electronic
aerosol delivery system; does not contain tobacco and is not made
or derived from tobacco; and meets either of the following: (1) is
not intended or reasonably expected to affect or alter the performance,
composition, constituents, or characteristics of a tobacco product
or electronic aerosol delivery system; or (2) is intended or reasonably
expected to affect or maintain the performance, composition, constituents,
or characteristics of a tobacco product or electronic aerosol delivery
system but (a) solely controls moisture and/or temperature of a stored
tobacco product or electronic aerosol delivery system, or (b) solely
provides an external heat source to initiate but not maintain combustion
of a tobacco product. "Accessory" includes, but is not limited to,
carrying cases, lanyards, lighters, and holsters.
APPLICANT
An individual, partnership, limited liability company, corporation,
or other business entity seeking a tobacco retail license.
COMPONENT or PART
Software or assembly of materials intended or reasonably
expected: (1) to alter or affect the tobacco product's or electronic
aerosol delivery system's performance, composition, constituents,
or characteristics, or (2) to be used with or for the human consumption
of a tobacco product or electronic aerosol delivery system. "Component
or part" excludes a constituent and an accessory, and includes, but
is not limited to, e-liquids, cartridges, certain batteries, heating
coils, programmable software, rolling papers, and flavorings for tobacco
products or electronic aerosol delivery systems, whether they are
sold together or separately.
CONSTITUENT
An ingredient, substance, chemical, or compound, other than
tobacco, water, reconstituted tobacco sheet, or propylene glycol or
vegetable glycerin that is added by the manufacturer to a covered
product during the processing, manufacture, or packing of the covered
product.
COVERED PRODUCT
A tobacco product, electronic aerosol delivery system, or
another product regulated by § 1399-cc of the Public Health
Law.
DEPARTMENT
The Department of Economic Development and Planning.
DIRECTOR
The Director of the Department of Economic Development and
Planning.
ELECTRONIC AEROSOL DELIVERY SYSTEM
An electronic device that, when activated, produces an aerosol
that may be inhaled, whether or not the aerosol contains nicotine. "Electronic
aerosol delivery system" includes a component or part but not accessory,
and a liquid or other substance to be aerosolized, whether or not
separately sold. "Electronic aerosol delivery system" does not include
drugs, devices, or combination products authorized for sale by the
state or U.S. Food and Drug Administration, as those terms are defined
in the Federal Food, Drug and Cosmetic Act.
PERSON
A 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 12 months.
SCHOOL
A public or independent kindergarten, elementary, middle,
junior high, or high school.
TOBACCO PRODUCT
A product made or derived from tobacco or which contains
nicotine, marketed or sold for human consumption, whether consumption
occurs through inhalation or oral or dermal absorption. "Tobacco product"
includes a component or part, but not accessory. "Tobacco product"
does not include drugs, devices, or combination products authorized
for sale by the state or U.S. Food and Drug Administration as those
terms are defined in the Federal Food, Drug and Cosmetic Act.
TOBACCO RETAIL LICENSE
A license issued pursuant to §
114-4 of this chapter by the Department to a person to engage in the retail sale in the Town of Bethlehem of a covered product.
No tobacco retailer whose property line is located within 1,000
feet of the nearest point of the property line of a school shall distribute
without charge, sell, offer for sale, or possess with intent to sell
an electronic aerosol delivery system.
The Department may issue and amend rules, regulations, standards,
guidelines, or conditions to implement and enforce this chapter.
The provisions of this chapter are declared to be severable,
and if a section of this chapter is held to be invalid, the invalidity
shall not affect the other provisions of this chapter that can be
given effect without the invalidated provision.
This chapter shall take effect upon the expiration of Bethlehem
Town Law No. 2 of 2020 or December 31, 2020, whichever is earlier,
and its filing with the Secretary of State as required by § 27
of the Municipal Home Rule Law.