[HISTORY: Adopted by the Board of Trustees of the Village of Farmingdale 11-6-2017 by L.L. No. 12-2017. Amendments noted where applicable.]
The Board of Trustees of the Incorporated Village of Farmingdale has determined that the smoking and the use of tobacco and tobacco-related products is a major cause of serious disease and death. The Board finds that tobacco and tobacco-related products are highly addictive and has determined that the overwhelming majority of individuals that smoke or use tobacco or tobacco-related products are exposed to, and begin using, such products when they are minors. Accordingly, the Board finds that the effects of smoking and the use of tobacco and tobacco-related products poses a significant threat to the health, safety and welfare to the public and especially to the youth within the Village. The Board of Trustees concludes that the dangers posed by tobacco and tobacco-related products are not limited to cigarettes, pipes or other traditional forms of smoking. The Board finds that these dangers are also posed by high-tech smoking devices, including those commonly referred to as "electronic cigarettes" or "e-cigarettes." The purpose of this chapter is to regulate, within the Incorporated Village of Farmingdale, smoking and the use of tobacco and related products; to prohibit the sale to persons under the age of 21 of tobacco, tobacco-related or smoking-related products, including the sale of high-tech smoking devices including "electronic cigarettes" or "e-cigarettes." The purpose of this chapter is also to prohibit the use of e-cigarettes and like products in public places where traditional forms of smoking is prohibited.
As used in this chapter, the following terms shall have the meanings indicated:
- A product containing tobacco that is wrapped in temburni leaf (diospyros melanoxylon) or tendra leaf (diospryos exculpra), or any other product offered to consumers as "beedies" or "bidis."
- Any electronic device composed of a mouthpiece, heating element, battery and electronic circuits that provides a vapor of liquid nicotine and/or other substances mixed with propylene glycol to the user as he or she simulates smoking. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, e-pipes or under any other product name.
- ELECTRONIC NICOTINE DELIVERY SYSTEM (ENDS)
- Any electronic device composed of a mouthpiece, heating element, battery and electronic circuits that provides a vapor of liquid nicotine and/or other substances mixed with propylene glycol to the user as he or she simulates smoking. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, e-pipes or under any other product name. This term shall include the component parts designed for such systems, including, but not limited to, liquid nicotine and other e-liquids, glass or plastic vials containing liquid, e-liquid, cartridges, atomizers, batteries, cartomizers and clearomizers, digital displays/lights that adjust settings, tank systems, drip tips, flavoring for ENDS and programmable software.
- HERBAL CIGARETTE
- Any product made primarily of an herb or combination of herbs, and intended to be smoked in any of the methods that tobacco is smoked, including, but not limited to, as a cigarette, cigar or pipe filler.
- HOOKAH PIPE
- A pipe for smoking consisting of one or more long, flexible stems connected to a container of water or other liquid through which smoke is drawn and cooled.
- HOOKAH BAR
- A sole proprietorship, corporation, partnership or other enterprise in which the primary activity is the sale, manufacture or promotion of flavored tobacco or other hookah products for consumption on premises using a hookah, and in which the sale, manufacture or promotion of other products is merely incidental.
- HOOKAH PRODUCTS
- Any product which is smoked with or through the use of a hookah pipe.
- LIQUID NICOTINE
- Any liquid product composed either in whole or part of pure nicotine and propylene glycol and manufactured for use with e-cigarettes.
- Any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint-stock association, or other entity or business of any kind.
- TOBACCO PRODUCT/TOBACCO PRODUCTS
- One or more cigarettes, e-cigarettes or cigars, bidis, chewing tobacco, powdered tobacco, liquid nicotine, hookah products, blunt papers or wrappers, cigarette rolling papers of any kind, pipes, or any other tobacco products.
Any person operating a place of business wherein tobacco products, herbal cigarettes, non-tobacco hookah products or any other smoking devices are sold or offered for sale is prohibited from selling such products, to individuals under 21 years of age. Sale of such products other than by a vending machine, which complies with New York State Law, shall be made only to an individual who demonstrates, through a valid New York State driver's license or nondriver's identification card or other state or federal government issued identification, that they are 21 years of age or older.
No person operating a place of business wherein the products referenced in § 465-3A are sold, shall sell, permit to be sold, offer for sale or display for sale any such product in any manner, unless such products are stored for sale behind a counter in an area accessible only to the personnel of such business, or in a locked container; provided, however, such restriction shall not apply to such businesses and places to which admission is restricted to persons 21 years of age or older.
The prohibitions in this section shall include a prohibition against the sale, distribution or offer for sale to an individual under 21 years of age, of an electronic device, a component for an electronic device, or a product used to refill or resupply an electronic device that can be used to deliver nicotine to the individual inhaling from the device.
Sign for the sale of smoking devices and tobacco products (other than those in Subsection B of this section). Any person operating a place of business wherein tobacco products, non-tobacco hookah products or herbal cigarettes are sold or offered for sale and shall post, in a conspicuous place at the register or other location where the product is sold, a sign upon which there shall be imprinted the following statement:
SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, HOOKAH PRODUCTS OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, ROLLING PAPERS OR PIPES TO PERSONS UNDER 21 YEARS OF AGE IS PROHIBITED UNDER PENALTY OF LAW.
Signs for electronic cigarettes, ENDS, liquid nicotine, or other similar smoking devices. Any person operating a place of business which sells electronic cigarettes, liquid nicotine, or other similar smoking devices shall post signage in a conspicuous place at the register or other location where the product is sold which states:
LIQUID NICOTINE WARNING:
LIQUID NICOTINE MAY BE POISONOUS IF SWALLOWED, INHALED OR IF IT COMES IN CONTACT WITH SKIN. IT IS NOT REGULATED, SO THE AMOUNT OF NICOTINE IN ANY CONTAINER IS UNCERTAIN. KEEP OUT OF REACH OF CHILDREN.
THE USE OF LIQUID NICOTINE CAN BE ADDICTIVE. IT MAY INCREASE HEART RATE AND BLOOD PRESSURE, CAUSE DIZZINESS AND NAUSEA, AND AGGRAVATE RESPIRATORY CONDITIONS. WOMEN WHO ARE PREGNANT OR BREASTFEEDING, PERSONS WITH OR AT RISK FOR HEART DISEASE, HIGH BLOOD PRESSURE, DIABETES, OR TAKING MEDICINE FOR DEPRESSION OR ASTHMA SHOULD NOT USE THIS PRODUCT. INGESTION OF LIQUID NICOTINE MAY BE FATAL.
Any sign language required by this section shall be printed on a white card. The sign language shall be in red capital letters and at least 3/4 inch in height.
Any hookah bar operating in the Incorporated Village of Farmingdale shall at all times have a functioning carbon monoxide detector located in each room of the establishment in which hookahs are available for use.
Each carbon monoxide detector installed in a hookah bar shall have a digital readout displaying the carbon monoxide concentration in parts per million and shall be tested annually.
Any person operating a place of business selling electronic cigarettes, ENDS, liquid nicotine, or other similar smoking devices shall register with the Superintendent of Buildings of the Incorporated Village of Farmingdale.
A registration application shall be submitted to the Superintendent of Buildings with a registration fee of $150. An application renewing the registration shall be submitted annually.
Upon approval, the Superintendent of Buildings shall issue a registration number and expiration date for each registration.
Persons who are currently registered to sell tobacco products through the New York State Department of Taxation and Finance shall be exempted from the provisions of this section.
The Building Superintendent or his designee shall enforce this chapter.
For violations of this chapter, the following fine schedule shall apply:
A first offense: a fine of no more than $1,500, and/or 15 days in jail, after a finding or plea of guilty before the Village's Justice Court.
A second offense within 12 months of the first offense: a fine of no less than $2,000 and no more than $3,000, and/or 15 days in jail, after a finding or plea of guilty before the Village's Justice Court.
Any subsequent offense within 12 months of the first offense: a fine of no less than $3,000 and no more than $5,000 and/or 15 days in jail, after a finding or plea of guilty before the Village's Justice Court.
Each week there is a violation of this chapter shall constitute a separate offense and shall be punishable as such.
The use and smoking of any tobacco products, hookah products, non-tobacco hookah products, herbal cigarettes, electronic cigarettes, ENDS, liquid nicotine, or other similar smoking devices shall be prohibited in those public spaces where New York State or federal law prohibits traditional smoking.
In the event that any provision of this chapter conflicts with New York State, federal, or other local law it is the intent of the Board of Trustees, to the greatest extent permitted by law, that the most restrictive provision govern. If any subdivision, sentence, clause, phrase or other portion of this chapter is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this chapter, which remaining portions shall remain in full force and effect.
This chapter shall take effect immediately upon its filing in the office of the Secretary of State except that Board of Trustees may grant an exemption to any business operating pursuant to a valid special use permit as of the effective date of this chapter, subject to the terms and conditions placed thereon by the Board of Trustees.