A. 
The Board of Trustees of The Village of Valley Stream finds that restricting the exposure of minors to advertising regarding age-restricted products is constitutional when achieved through reasonable, targeted limitations on such advertising in the vicinity of schools and other locations where it is well established that children tend to congregate. It is the intention of the Board of Trustees to enhance and augment compliance with and enforcement of federal, state and local laws prohibiting the sale or distribution of tobacco products to minors, and to protect such minors against such illegal sales.
B. 
The Centers for Disease Control and Prevention has reported that, while the rate of adult smoking of tobacco products has decreased nationwide by 50% between 1971 and 1993, the rate of smoking among all high school students has increased by 26% during the years 1991 through 1996, and in 2000 stood at the highest rate since 1981. It is further noted that this dramatic increase has occurred contrary to and at variance with the laws of all 50 states prohibiting sale and distribution of tobacco products to minors and the pledge of all tobacco product manufacturers to adhere to a voluntary industry code prohibiting advertising of such products in a manner appealing to minors.
C. 
In 1991, a study of the Journal of the American Medical Association concluded that" . . . cigarette advertising encourages youth to smoke and should be banned." In 1994, a report of the National Institute of Medicine stated that" . . . the substantial convergent evidence that advertising and promotion increase tobacco use by youth is impressive and . . . provides a strong basis for legal regulation." In 1995, a report of the Federal Centers for Disease Control and Prevention found that" . . . cigarette marketing practices appeared to be the most likely to account for [the] increase in teen smoking initiation rates."
D. 
In 1997, Liggett & Myers, Inc., a cigarette manufacturer, made the following acknowledgement in executing a settlement agreement with the Attorney Generals of 17 states, including the State of New York: ". . . Liggett acknowledges that the tobacco industry markets to 'youth,' which means those under 18 years of age. . ."
E. 
Based upon the preponderance of the evidence that tobacco products are advertised and promoted to minors, and that the rate of use of tobacco products by minors has drastically increased contrary to legislation prohibiting the sale or distribution of such products to minors, the Board of Trustees of the Village of Valley Stream hereby finds and declares it to be in the best interests of minors residing and/or otherwise present within the Village to enact affirmative, reasonable and constitutionally permissible restrictions on the advertising of tobacco products.
F. 
In enacting this legislation, it is the intent of the Board of Trustees to promote compliance with and enforcement of federal, state and local laws prohibiting sale or distribution of age-restricted products to minors, and therefore, in deference to the protections afforded by the First Amendment to the Constitution of the United States, this legislation has been narrowly crafted to place reasonable time, place and manner restrictions on such advertising in those locations where it is well established that minors tend to congregate, while not imposing restrictions on such advertising clearly directed at adults.
G. 
In August 2016, the Food and Drug Administration issued new rules clarifying its own definition of "tobacco products" as any product made or derived from tobacco that is intended for consumption, including any component, part, or accessory of a tobacco product. As nearly all the nicotine currently used in electronic cigarette devices is derived from tobacco leaves, the Food and Drug Administration has imposed federal minimum age standards on electronic cigarette products and devices.
H. 
The Centers for Disease Control and Prevention has reported that nicotine use is harmful, especially to adolescents. Nicotine exposure at a young age may cause lasting harm to brain development, promote addiction, and lead to sustained tobacco use. The Centers for Disease Control has unequivocally provided that there is no safe nicotine delivery for a child or teen.
I. 
According to the Centers for Disease Control and Prevention, e-cigarette use among teens tripled between 2013 and 2014, and from 2011 to 2015 the use of e-cigarettes increased nearly 10 times for high schoolers. E-cigarettes are now the primary form of tobacco use amongst teens. Furthermore, after e-cigarettes and cigarettes, the Centers for Disease Control and Prevention reports that hookah tobacco is the third most-used form of tobacco used by middle schoolers.
J. 
In a 2016 report, the Centers for Disease Control and Prevention recommended that states and communities work to limit where and how e-cigarettes are sold, and reduce ad exposure.
K. 
Georgiana Bostean, Ph.D., et al, "E-Cigarette Use Among Students and E-Cigarette Specialty Retailed Presence Near Schools," Health Place, 2016 November; 42: 129-136, reprinted in the United States Department of Health and Human Services' HHS Public Access, concluded e-cigarette specialty retailers clustered around schools may be an environmental influence on student e-cigarette experimentation.
L. 
Stanford University's Researching into the Impact of Tobacco Advertising maintains a web repository of promotional activities of the tobacco industry and catalogued 669 vape advertisements that are aimed at youth.
M. 
This Board further finds that e-cigarette manufacturers have marketed their products to appeal to and attract young people and these products are commonly referred to as "training wheels" for traditional cigarettes.
N. 
Therefore, the purpose of this article is to restrict advertising of age-restricted products in any outdoor area within 1,000 feet of any school, park, playground, duly licensed child day-care center, or AHRC schools and facilities for developmentally disabled children and adults, or within the interior of any building or structure which is within 1,000 feet of any school, park, playground, or duly licensed child day-care center when such advertisement is within five feet of any exterior window or any door which is used for entry or egress to the building or structure by the public, except that such advertisements may be placed or maintained in the interior of any such premises where they are parallel to said windows or entryways and face inward or are affixed to a wall panel or similar fixture that is perpendicular to said windows or entryways.
For purposes of this article, the following terms shall have the meanings indicated herein, unless specifically indicated otherwise:
ADVERTISEMENT
Any written word, picture, logo, symbol, motto, selling message, poster, placard, sign, photograph, device, graphic display or visual image of any kind, recognizable color or pattern of colors or any other indicia of product identification identical or similar to, or identifiable with, those used for any brand of age-restricted product as defined in this article, or any combination thereof, the purpose or effect of which is to promote the use, sale or distribution of an age-restricted product through such means as, but not limited to, the identification of a brand of an age-restricted product, a trademark of an age-restricted product or a trade name associated exclusively with an age-restricted product.
CHILD DAY-CARE CENTER
Includes the following:
A. 
Any child-care arrangement, public, private or parochial child-care center, school-age child-care program, day nursery school, kindergarten, play school or other similar school or service operating pursuant to authorization, license or permit of New York State.
B. 
Any facility that provides child-care services as defined in § 410-p of the New York State Social Services Law.
C. 
Any child day-care center as defined in § 390 of the New York State Social Services Law.
PARK
Includes active and passive public lands designated for park purposes by the Village of Valley Stream, County of Nassau, State of New York, United States of America or any other subdivision of government.
SCHOOL
Includes buildings, structures, premises or places, together with the grounds thereof, which are used primarily for public or private educational facilities as recognized and defined by the New York State Department of Education, including but not limited to preschools, kindergartens, nursery, elementary, primary, intermediate, junior high, middle, secondary, high, vocational, special, college, and university.
It shall be unlawful for any person to place, cause to be placed, maintain or cause to be maintained any advertisement for an age-restricted product, as defined in this article, that is more than five inches by eight inches in size, and in any colors besides black, white, and grayscale, in the following manners:
A. 
In any outdoor area within 1,000 feet, in any direction, of any school, park, playground, duly licensed child day-care center, or AHRC schools and facilities for developmentally disabled children and adults.
B. 
In the interior of a building or structure which is within 1,000 feet, in any direction, of any school, park, playground, duly licensed child day-care center, or AHRC schools and facilities for developmentally disabled children and adults when such advertisement is within five feet of any exterior window or any door which is used for entry or egress to the building or structure by the public, except that such advertisement(s) may be placed or maintained in the interior of any such premises where they are parallel to said windows or entryways and face inward or are affixed to a wall panel or similar fixture that is perpendicular to said windows or entryways.
A. 
Nothing in this section shall prevent an age-restricted product manufacturer, distributor or retailer from placing, causing to be placed, maintaining or causing to be maintained, its corporate or other business name on a building or structure, in any location, where such building or structure or a portion thereof is owned, operated, or leased by them as their principal place of business; provided, however, that said corporate or other business name is properly registered or filed in the United States and/or is duly authorized to do business in New York State and said corporate or business name does not include any advertisement, as defined in this article, of an age-restricted product.
B. 
Nothing contained in this section shall be construed to authorize the placement of any age-restricted product advertisement, as defined in this article, in a location where such placement is otherwise prohibited by the Code of the Village of Valley Stream or other applicable law.
The owner, operator, and/or lessee of any location or premises containing age-restricted product advertisements shall have 30 days from the effective date of this article to remove any noncompliant age restricted product advertisements.
In addition to any other remedy provided by law, the Village may bring any civil and/or injunction proceeding necessary to enforce and/or enjoin noncompliance with this article.
If any clause, sentence, paragraph, subdivision, section, or part of this article or the application thereof to any person, individual, corporation, firm, partnership, or business shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this article, or in its specific application.