[HISTORY: Adopted by the Town Board of the Town of Salina 11-14-2022 by L.L. No.
13-2022. Amendments noted where applicable.]
A.
The purpose of this chapter is to ensure that existing state and
local tobacco sales regulation is effectively enforced and to establish
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 and to ensure for the public health, safety,
and welfare of the Town of Salina residents.
B.
It is the intent of the Town of Salina to implement effective measures
through this chapter to stop the sale of tobacco products, e-cigarettes,
and other products regulated by the New York Adolescent Tobacco Use
Prevention Act, to youth, prevent the sale or distribution of contraband
tobacco products, reduce the proliferation of tobacco outlets and
marketing, prevent the tobacco industry from undermining public health
law through price promotions, and facilitate the enforcement of tax
laws and other applicable laws relating to tobacco products.
As used in this chapter, the following terms shall have the
meanings indicated:
Any 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:
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
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:
Solely controls moisture and/or temperature of a stored tobacco
product or electronic aerosol delivery system; or
Solely provided an external heat source to initiate but not
maintain combustion of a tobacco product. "Accessory" includes, but
is not limited to, carrying cases, lanyards and holsters.
An individual, partnership, limited-liability company, corporation,
or other business entity seeking a tobacco retail license.
Any 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 anything that is 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.
Any card, paper, note, form, statement, ticket, voucher,
image or other article, whether in paper, digital or any other format,
distributed for commercial purposes to be later surrendered, displayed,
or scanned by the bearer so as to receive an item without charge or
at a discount.
The Town of Salina Office of Planning and Development.
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 any component or part
but not accessory, and any liquid or other substance to 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.
The highest displayed price, before the application of any
discounts, of a tobacco product or electronic aerosol delivery system,
at the place where the tobacco products or electronic aerosol delivery
systems are sold or offered for sale, plus all applicable taxes if
not included in the displayed price.
A tobacco retail license that is not a Renewed tobacco retail
license.
Any natural person, company, corporation, form, partnership,
business, organization, or other legal entity.
The price actually paid by the consumer for a tobacco product
or electronic aerosol delivery system.
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 kindergarten, elementary, middle, junior
high, or high school.
Any 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 any 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.
A license issued by the Department to a person to engage
in the retail sale of tobacco products, electronic aerosol delivery
systems, or any other product regulated by Article 13-F of the New
York State Public Health Law in Salina.
A.
License required.
(1)
Starting January 1, 2023, no person shall sell, offer for sale, or
permit the sale of tobacco products, electronic aerosol delivery systems,
or any other product regulated by Article 13-F of the New York State
Public Health Law to consumers in Salina without a valid tobacco retail
license issued by the Department. A tobacco retail license is not
required for a wholesale dealer who sells products to retail dealers
for the purpose of resale only and does not sell any tobacco products,
electronic aerosol delivery systems or other products regulated by
Article 13-F of the New York State Public Health Law directly to consumers.
B.
All tobacco retail licenses issued pursuant to this section are nontransferable
and nonassignable and are valid only for the applicant and the specific
address indicated on the tobacco retail license. A separate tobacco
retail license is required for each address at which tobacco products,
electronic aerosol delivery systems or other products regulated under
Article 13-F of the New York State Public Health Law are sold or offered
for sale. Any change in business ownership or business address, or
interruption in possession of a tobacco retail license, renders an
applicant ineligible for a renewed tobacco retail license.
C.
All tobacco retail licenses issued pursuant to this section in 2022 and 2023 shall be valid until December 31, 2023, and shall expire on December 31, 2023. As set forth in § 220-8, a tobacco retail license may be revoked by the Department prior to its expiration date for cause.
D.
Only a person possessing a valid tobacco retail license is an eligible
applicant for a renewed tobacco retail license.
E.
Applications for a tobacco retail license shall be submitted to the
Department in writing upon a form provided by the Department. The
Department may require the forms to be signed and verified by the
applicant or an authorized agent thereof.
G.
The issuance of any tobacco retail license pursuant to this chapter
is done in Salina's discretion and shall not confer upon licensee
any property rights in the continued possession of the license.
A.
Upon the receipt of a completed application for a new tobacco retail license or renewed tobacco retail license and the fee required by § 220-6, the department shall inspect the location at which tobacco sales are to be permitted. The Department may also ask the applicant to provide additional information that is reasonably related to the determination of whether a license may issue.
B.
The Department may refuse to issue a tobacco retail license to an
applicant if it finds that 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 required certificate of registration
as a tobacco retail dealer from the New York State Department of Taxation
and Finance;
(4)
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 or illegal drugs;
(b)
The payment or collection of taxes on tobacco products;
(c)
The display of tobacco products or of health warnings pertaining
to tobacco products; or
(d)
The sale of tobacco products, electronic aerosol delivery systems,
or any other product regulated by Article 13-F of the New York State
Public Health Law;
(5)
The applicant has not paid to Salina outstanding fees, fines, penalties,
or other charges owed to Salina; or
(6)
The Department determines, in accordance with written criteria established
to further the purposes of this chapter, that the applicant is otherwise
not fit to hold a tobacco retail license.
C.
No tobacco retail license shall be issued to any seller of tobacco
products, electronic aerosol delivery systems, or any other product
regulated by Article 13-F of the New York State Public Health Law
that is not in a fixed, permanent location.
A.
The Department shall issue no more than 38 new tobacco retail licenses.
Upon issuing 38 new tobacco retail licenses, the Department shall
not again issue a new license.
B.
The Department will accept a tobacco retail license application from
only:
(1)
An applicant for the same location at which the applicant possessed
a valid certificate of registration as a tobacco retail dealer from
the New York State Department of Taxation and Finance prior to the
effective date of this chapter; or
(2)
An applicant for a location at which the applicant exclusively sells
electronic aerosol delivery systems or nontobacco shisha (hookah)
and was in operation prior to the effective date of this chapter.
C.
The Department's issuance of licenses shall be subject to the
relevant zoning rules contained within the Town Code.
A.
Each application for a tobacco retail license shall be accompanied
by a fee of $250.
B.
The Department may modify the fee required by Subsection A for an application received within 11 months of the expiration date.
C.
Starting two years after the effective date of this chapter, the Department may, on an annual basis, modify the fee required pursuant to Subsection A. The fee shall be calculated so as to recover the cost of administration and enforcement of this chapter, including, for example, issuing a license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law.
A.
Any tobacco retail license issued pursuant to this chapter shall
be displayed prominently at the location where the tobacco products
are sold so that it is readily visible to customers.
A.
The Department may suspend or revoke a tobacco retail license issued
pursuant to this chapter for violations of the terms and conditions
of this chapter or for violation of any federal, state, or local law
or regulation pertaining to:
(1)
Trafficking in contraband tobacco products or illegal drugs;
(2)
The payment or collection of taxes on tobacco products;
(3)
The display of tobacco products or of health warnings pertaining
to tobacco products; or
(4)
The sale of tobacco products, electronic aerosol delivery systems
or any other product regulated by Article 13-F of the New York State
Public Health Law.
A tobacco retailer must display the listed or nondiscounted
price of tobacco products and electronic aerosol delivery systems
on each package or on easy-to-read shelf tags, or signs, located directly
above or below or immediately adjacent to each tobacco product or
electronic aerosol delivery system in accordance with New York Agriculture
and Markets Law § 97-b(3)(a).
No tobacco retailer, or any employee or agent of same, shall:
A.
Accept or redeem any coupon that reduces the price charged of tobacco
products or electronic aerosol delivery systems below the listed or
nondiscounted price;
B.
Accept or redeem any coupon that permits the sale of tobacco products
or electronic aerosol delivery systems to consumers through multipack
discounts (e.g., the sale of three packages for less than the combined
price of each package), or otherwise allow consumers to purchase any
tobacco product, electronic aerosol delivery system or combination
of tobacco products or electronic aerosol delivery systems for less
than sum of the listed or nondiscounted price for each product; or
C.
Sell, offer for sale, or otherwise provide any product other than
a tobacco product or electronic aerosol delivery system to a consumer
for less than the product's listed price in exchange for the
purchase of a tobacco product or electronic aerosol delivery system
by the consumer.
A.
The department or its authorized designee(s) shall enforce the provisions
of this chapter. The Department may conduct periodic inspections in
order to ensure compliance with this chapter.
B.
In addition to the penalties provided for in § 220-8, any person found to be in violation of this chapter shall be liable for civil penalty of not more than $250 for the first violation, not more than $500 for the second violation within a two-year period, and not more than $1,000 for the third and each subsequent violation within a two-year period. Each day on which a violation occurs shall be considered a separate and distinct violation. These penalties are in addition to any other penalties, fines and/or other remedies available pursuant to relevant law.
The Department may issue and amend rules, regulations, standards,
guidelines, or conditions to implement and enforce this chapter.
