To further the goals of New York State's tobacco use prevention
and control program, as identified in New York State Public Health
Law § 1399-ii, the Town of Chili finds that:
A. Tobacco is a leading cause of preventable death and disease in New
York State;
B. Adolescent brains are uniquely vulnerable to the effects of nicotine
and the formation of nicotine dependence;
C. Tobacco and vapor/e-cigarette retail outlet density is associated
with high rates of youth and adult tobacco use, as well as higher
rates of initiation of nicotine use among adolescents and young adults;
D. Tobacco and vapor products usage is linked to an increased incident
in cancers and disease and therefore is harmful to the public health;
and
E. Restricting the sale of tobacco and vapor/e-cigarette products to
certain zoning districts and reducing the concentration of sale locations
will reduce the availability of tobacco and nicotine to residents,
including adolescents, improving public health and lessening the incidence
of various cancers and diseases.
As used in this chapter, the following terms shall have the
meanings indicated:
SMOKE SHOP(S)
Any shop, store or business of which 2% or more of its retail
floor space is dedicated to the sale of tobacco products and/or smoking
paraphernalia, as herein defined.
SMOKING PARAPHERNALIA
All equipment, products, and materials, of any kind, which
are used, intended for use, or designed and/or adapted for use in
packaging, repackaging, storing, containing, injecting, ingesting,
inhaling and/or otherwise introducing into the human body tobacco
products.
TOBACCO PRODUCTS
Tobacco, tobacco products, including but not limited to cigarettes,
chewing tobacco, cigars, electronic cigarettes, vape pens, vapors,
e-liquids, e-vaporizers and other like substances, CBD (cannabidiol),
and CBD products, including but not limited to CBD gummies and/or
CBD oil.
A violation of this chapter constitutes an offense, and the
owner, person, or smoke shop violating this chapter shall be subject
to a fine of no less than $500 per day for each and every day that
the violation exists. This chapter shall be enforced by the Town of
Chili Code Enforcement Officer, Monroe County Sheriff, and/or the
New York State Police.
Special use permits issued pursuant to this chapter shall be effective for a period of three years from the date of filing with the Secretary of the Planning Board. Each application for a renewal of a special use permit issued pursuant to this chapter shall include all of the information required under §
500-29 and identify any material changes relating to the operation or ownership of the subject smoke shop relative to any prior application(s). Special use permits shall not be transferrable from one owner to another.
If any section, subdivision, or provision of this chapter or
the application thereof to any person or circumstance be adjudged
invalid by a court of competent jurisdiction, such judgment shall
be confined in its operation to the section, subdivision, or provision
of or application directly involved in the controversy in which such
judgment shall have been rendered and shall not affect or impair the
validity of the remainder of this chapter, or the application thereof
to other persons or circumstances.