[HISTORY: Adopted by the Common Council of the City of Middletown 1-16-2024. Amendments noted where applicable.]
A. 
Effective immediately, no person shall own or operate a tobacco/hookah/vaping establishment, unless a license is first obtained from the City of Middletown Commissioner of Public Works ("Commissioner"). A tobacco/hookah/vaping establishment is defined as any commercial premises or usage which sells any tobacco, hookah or vaping products.
[Amended 2-6-2024]
B. 
Within 15 days of the effective date of this chapter, the Commissioner of Public Works shall send a copy of this chapter by regular and certified mail to all current owners and operators of tobacco/hookah/vaping establishments in this City. Within 60 days of the effective date of this chapter, all current owners and operators of tobacco/hookah/vaping establishments in this City must apply for a valid tobacco/hookah/vaping license to continue operation.
C. 
The application cost for this license shall be $200.
D. 
This chapter in no way repeals nor contradicts zoning regulations or special use permit requirements in any zoning district in this City. However, this chapter adds a second requirement to zoning regulations in the form of a license, and therefore all special use permit approvals must be conditioned on obtaining a license pursuant to this chapter.
[Amended 5-6-2025]
Every applicant for a license issued pursuant to this chapter shall submit the following information:
A. 
The name, address, and telephone number of the individual or entity applying for a license, together with the name and location of the business to receive the license. If the applicant is a corporation or limited liability company, the applicant must list an individual who resides within the City of Middletown or within 15 miles of the City limits for purposes of service, notice, and with the authority to respond to emergencies.
B. 
The applicant's driver's license as proof of residency.
C. 
Proof of registration with the New York State Department of Taxation as a tobacco and/or vape retail dealer is required.
D. 
Any other reasonable information requested by the Commissioner.
E. 
All applications for a license shall be referred by the Commissioner to the Middletown Police Chief, who shall promptly cause an investigation to be made into the criminal background and prior bad acts or code violations of the applicant. The applicant must provide fingerprints to support this investigation. The Chief must report the findings to the Commissioner, and make a recommendation as to whether or not approval of the license is recommended. If approval is not recommended, the report shall state the reasons therefor.
[Amended 5-6-2025]
A. 
Within 60 days of receipt of a complete application, unless extended by the Commissioner's request for additional information, the Commissioner shall issue a written determination on the application.
B. 
All licenses issued pursuant to this chapter shall contain the following:
(1) 
The license is valid for one year only, measured from the date of its issuance;
(2) 
The license is for the subject establishment and ownership thereof only, and is nontransferable;
(3) 
There shall be no dispensing, processing, cultivation, sale, handling, distributing, or gifting of cannabis, cannabinoids, cannabinoid hemp, cannabis flower, cannabis products, cannabis-infused products, hemp and hemp extract, as those terms are defined in Section 3 of the New York Cannabis Law, within, upon, or in relation to the subject establishment.
An application for a license may be denied by the Commissioner, following a public hearing, based on any one of the following:
A. 
The report of the Police Chief.
B. 
Any past or present demonstration by the applicant of an unwillingness to comply with the Middletown City Codes.
C. 
The lack of a current tobacco and/or vapor product registration from the New York State Department of Taxation.
D. 
An indication that the location of the proposed establishment is more likely than not to negatively impact the neighborhood based upon its proximity to a school, or other form of educational facility, place of worship or assembly, or public park.
E. 
If the applicant is not satisfied with the final determination of the Commissioner, he/she/it may file an Article 78 proceeding pursuant to the provisions of the New York Civil Practice Law and Rules.
[Amended 2-6-2024; 5-6-2025]
A. 
Hours of operation. The hours of operation for each establishment shall be set either by the City of Middletown or by the Middletown Planning Board, and must further comply with all relevant New York State statutes and regulations.
B. 
Signage.
(1) 
Store hours shall be posted in a conspicuous place within public view.
(2) 
There shall be no public display of advertisements for electronic cigarettes, vapor products, smoking paraphernalia, or tobacco products, within 1,500 feet of a school or place of worship, in accordance with NY Public Health Law Article 13-F, Section 1399-DD-1.
(3) 
Windows shall be unobstructed by advertisements and/or any other materials.
C. 
Equipment.
(1) 
Each store shall have working surveillance cameras in the interior and exterior of the building. Footage from said cameras shall be stored for 30 days.
(2) 
All broken windows must be replaced within three days.
(3) 
Smoking or vaping of any kind is prohibited within the store unless expressly authorized in the license.
D. 
Inspection. All tobacco/hookah/vaping establishments shall be inspected annually by the Department of Public Works or Fire Inspector.
E. 
Compliance with codes. The owner, operator, agents or employees of any tobacco/hookah/vaping establishment shall comply with all provisions of applicable federal, state, and City statutes, ordinances and codes.
A. 
Any owner, operator, agent or employee of any tobacco/hookah/vaping establishment found to violate any of the provisions of this chapter may be liable for the penalties prescribed in § 438-8 of this chapter and other applicable provisions of the City Code, and may in addition subject the license of the establishment to immediate suspension in the discretion of the Commissioner.
B. 
The owner, operator, agent or employee of any establishment whose license is suspended shall be entitled to a public hearing before the Middletown Common Council within 15 days of such suspension. Such owner, operator, agent or employee may be represented at such hearing by counsel of his/her/its choosing and at his/her/its expense. Such owner, operator, agent or employee shall also be entitled to call witnesses to testify on his/her/its behalf at such hearing. Within 15 days of such hearing, the Common Council shall issue a written final determination and provide a copy thereof to violating establishment. Pending such final determination, there shall be no sale, distribution, or dispensing of goods or merchandise at the violating establishment.
C. 
If the Common Council determines that there has been a violation of this chapter, it may in its discretion revoke the license of the subject establishment for a period of one year. If the subject owner, operator, agent or employee is not satisfied with the final determination, he/she/it may file an Article 78 proceeding pursuant to the provisions of the New York Civil Practice Law and Rules.
A. 
An application to renew any license issued under this chapter shall be filed with the Department of Public Works no more than 90 days and no less than 60 days prior to the expiration of the current license. An application to renew a license which has been revoked pursuant to the provisions of § 438-6 may be made no more than 90 days prior to the expiration of the revocation period and may be made at any time subsequent to such expiration.
B. 
Every day of operation without a license renewal shall constitute a separate violation punishable as provided in § 438-8 of this chapter.
C. 
Renewal applications shall be accompanied by a nonrefundable fee of $200.
D. 
The application must include the information required in Subsections A, B, C, and D of § 438-2.
E. 
The Commissioner may, but is not required to, submit a renewal application to the Police Chief for the investigation described in Subsection E of § 438-2.
F. 
The Commissioner may consider the licensed establishment's compliance with all applicable laws, codes, rules and regulations governing the activities of the establishment, including but not limited to, building codes, noise ordinances, and any other information deemed applicable when considering a renewal application.
G. 
Within 30 days of receipt of a complete application, unless extended by the Commissioner's request for additional information, the Commissioner shall issue a written determination on the renewal application. The Commissioner shall not deny the renewal application without first affording the applicant a public hearing before the Commissioner.
H. 
If the applicant is not satisfied with the final determination of the Commissioner, he/she/it may file an Article 78 proceeding pursuant to the provisions of the New York Civil Practice Law and Rules.
In addition to the penalties proscribed by § 438-6, a person who shall violate any provision of this chapter shall be guilty, upon conviction, of an offense punishable by a fine not less than $250 nor more than $1,000 or by imprisonment for a period not exceeding 15 days, or by both such fine and imprisonment.