[HISTORY: Adopted by the Board of Trustees of the Village
of Great Neck Plaza 7-5-2017 by L.L. No. 3-2017. Amendments noted where applicable.]
GENERAL REFERENCES
Sale of tobacco products — See Ch. 195.
A.
Unless otherwise expressly stated, the following terms shall, for
the purpose of this chapter, have the meanings indicated in this section.
Words used in the present tense include the future; words used in
the masculine gender include the feminine and neuter; the singular
number includes the plural and the plural the singular. Where terms
are not defined in this code, then the words as defined in New York
State Public Health Law Article 13-F shall prevail, and if the term
is not defined in either, then the word as defined in the most current
edition of Webster's Dictionary shall prevail.
B.
ACCESSORY
(1)
(a)
(b)
(2)
AGE-RESTRICTED PRODUCTS
COMPONENT or PART
ELECTRONIC AEROSOL DELIVERY SYSTEM
ENFORCEMENT OFFICER
PERSON
SHISHA
SMOKING PARAPHERNALIA
TOBACCO PRODUCT
VILLAGE
For the purpose of this chapter, the terms used herein are defined
as follows:
Any product that is intended or reasonably expected to be used
with or for the human consumption of a tobacco product; 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
Is intended or reasonably expected to affect or maintain the
performance, composition, constituents, or characteristics of a tobacco
product but solely controls moisture and/or temperature of a stored
tobacco product or 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 and holsters.
Any software or assembly of materials intended or reasonably
expected to alter or affect the tobacco products' performance,
composition, constituents, or characteristics; or to be used with
or for the human consumption of a tobacco product. "Component or part"
excludes anything that is an accessory of a tobacco product, and includes,
but is not limited to, e-liquids, cartridges, certain batteries, heating
coils, programmable software and flavorings for electronic aerosol
delivery systems.
An electronic device that, when activated, produces an aerosol
that may be inhaled, whether or not such aerosol contains nicotine.
"Electronic aerosol delivery system" includes any component or part
but not accessory, and any 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 United States Food and Drug Administration,
as those terms are defined in the Federal Food, Drug and Cosmetic
Act.[1]
Any police officer, building official, code enforcement officer,
inspector, county health inspector or employee of the Village authorized
to enforce the Village Code.
A natural person and/or the entity by which a person is employed,
including but not limited to entities such as corporations, partnerships
and limited-liability companies.
Any product made primarily of tobacco or other leaf or herbs,
or any combination thereof, smoked or intended to be smoked in a hookah
or water pipe.
Any pipe, water pipe, hookah, rolling papers, vaporizer or
any other device, equipment or apparatus designed for the inhalation
of tobacco.
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, including
cigarettes, cigars, chewing tobacco, powdered tobacco, bidis, gutka,
other tobacco products, or nicotine water. "Tobacco product" does
not include drugs, devices, or combination products authorized for
sale by the state or United States Food and Drug Administration, as
those terms are defined in the Federal Food, Drug and Cosmetic Act.[2]
The Village of Great Neck Plaza.
A.
No person shall sell or permit the sale of age-restricted products
to any person under the age of 21.
B.
The identification requirements contained in New York State Public
Health Law Article 13-F, § 1399-cc(3), as the same may be
amended from time to time, are hereby incorporated into this chapter
by reference, except that the age to be proven by such identification
shall be 21.
C.
Age-restricted products may not be sold in vending machines located
in the Village.
D.
No person operating a place of business wherein age-restricted products
are sold or offered for sale shall sell, permit to be sold, offer
for sale or display for sale any age-restricted product in any manner,
unless such age-restricted product is stored for sale behind a counter
in an area accessible only to the personnel of such business or in
a locked container; provided, however, that such restriction shall
not apply to tobacco businesses as defined in Subdivision 8 of § 1399-aa
of New York State Public Health Law Article 13-F, as the same may
be amended from time to time, and to places to which admission is
restricted to persons 21 years of age or older.
A.
No person shall sell or permit the sale of an age-restricted product
in the Village unless a notice is posted in a conspicuous place at
the location where the age-restricted product is sold.
B.
The sign shall provide notice, which shall state: "SALE OF CIGARETTES,
CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, SHISHA, BIDIS, GUTKA OR
OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC
CIGARETTES, ROLLING PAPERS OR SMOKING PARAPHERNALIA TO PERSONS UNDER
21 YEARS OF AGE IS PROHIBITED BY LOCAL LAW."
C.
Such sign shall be printed on a white card in red letters at least
1/2 inch in height. Signs shall be protected from tampering, damage,
removal or concealment.
A.
A violation order or summons for violation of the provisions of this
chapter may be served either personally, by delivering to and leaving
a copy thereof with the person to whom such order is directed, or
if the person to whom such order is directed cannot be found within
the Village of Great Neck Plaza, after diligent search shall have
been made, then such order may be served by posting a copy thereof
in a conspicuous place on the premises where such violation is alleged
to exist or to which said order may refer and also depositing a copy
thereof in a post office, branch post office or in a post office box
legally maintained by the government of the United States in Great
Neck, New York, enclosed in a sealed, postpaid wrapper, addressed
to said person at his last known place of residence or at such address
last filed by the owner or management agent in the most recent owner's
statement given to the Village.
B.
A violation order or summons for violation of the provisions of this
chapter may be served by any officer or employee of the Village or
by any other person designated or authorized by the Board of Trustees
of the Village of Great Neck Plaza.
A.
Every person who shall fail to comply with any provision of this
chapter shall be guilty of a violation of this chapter and shall be
subject to the penalties herein provided for.
B.
Every person who shall fail to comply with a notice of violation
issued by an enforcement officer within the time stated in said notice
shall be guilty of a violation of this chapter and shall be subject
to the penalties herein provided for.
C.
Each day that a violation of this chapter is permitted to exist shall
constitute a separate violation of this code.
D.
Prior to serving a summons for a violation of the provisions of § 169-3 of this chapter, an enforcement officer shall serve a notice of violation requiring compliance with said provisions within a specific number of days, but no more than 15 days.
E.
Any person violating a provision of this chapter shall be liable
to the following penalties:
(1)
A fine not to exceed $350 for an initial violation, not to exceed
$700 for a second violation within a twelve-month period, and not
to exceed $1,000 for a third violation within a twelve-month period;
or
(2)
Imprisonment for a period not to exceed 15 days; or
(3)
Both a fine and imprisonment as set forth herein.
F.
In addition to the other penalties specified herein, any person who
is guilty of two or more violations of the provisions of this chapter
within a twelve-month period shall be subject to the suspension or
revocation of any special or conditional permit issued by the Village
which authorizes said person to conduct business within the Village.