Village of Port Chester, NY
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2024-01-16
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The Code
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Part II, General Legislation
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Chapter 299 Tobacco and Nicotine Products
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Article II Sale of Tobacco, Liquid Nicotine Products, and Electronic Cigarettes
- The Charter
- Ch C Charter
- The Code
- Part I, Administrative Legislation
- Ch 1 General Provisions
- Ch 5 Appearance Tickets
- Ch 9 Architectural Review Board
- Ch 12 Attorney
- Ch 13 Auditor
- Ch 18 Beautification Commission
- Ch 20 Boards and Commissions
- Ch 21 City Charter Commission
- Ch 22 Court Constables
- Ch 30 Defense and Indemnification of Officers and Employees
- Ch 32 (Reserved)
- Ch 35 Development Coordinator
- Ch 36 Fingerprinting
- Ch 40 Economic Development Commission
- Ch 44 Electrical Installations
- Ch 47 Employee Organizations
- Ch 49 Engineer
- Ch 53 Ethics, Code of
- Ch 57 Fire Department
- Ch 59 Greenway Compact Plan
- Ch 62 (Reserved)
- Ch 77 Manager
- Ch 79 Map, Official
- Ch 90 Planning Commission
- Ch 94 Police Department
- Ch 95 Public Officers
- Ch 103 Recreation, Commission on
- Ch 104 Recreation Department
- Ch 107 Retirement Incentive Program
- Ch 110 Traffic Commission
- Ch 112 Traffic Violations Bureau
- Ch 119 Youth Bureau
- Ch 120 Zoning Board of Appeals
- Part II, General Legislation
- Ch 122 Adult Entertainment Businesses
- Ch 126 Alarm Devices
- Ch 128 Alcoholic Beverages
- Ch 131 Americans With Disabilities Grievance Procedures
- Ch 133 Amusement Devices
- Ch 136 Animals
- Ch 140 Bicycles
- Ch 143 Billiards, Bowling and Shooting Galleries
- Ch 145 Bingo
- Ch 148 Boating and Watercraft
- Ch 151 Building Code Administration and Enforcement
- Ch 153 Buildings, Unsafe
- Ch 154 Cannabis
- Ch 155 Catering and Events Establishments
- Ch 157 Circuses, Carnivals and Parades
- Ch 160 Convalescent Homes
- Ch 162 Cooperatives and Condominiums
- Ch 165 Dance Halls and Cabarets
- Ch 169 Drug Paraphernalia
- Ch 175 Fees
- Ch 176 Film Permits
- Ch 178 Firearms and Fireworks
- Ch 181 Flood Damage Prevention
- Ch 184 (Reserved)
- Ch 190 Games of Chance
- Ch 193 Graffiti
- Ch 195 Hawking, Peddling and Soliciting
- Ch 197 Housing Standards
- Ch 199 Illicit Discharges
- Ch 204 Laundromats
- Ch 206 Licensed Occupations
- Ch 208 Littering and Advertising Materials Distribution
- Ch 211 (Reserved)
- Ch 217 Memorial Day and Independence Day Observance
- Ch 222 (Reserved)
- Ch 224 Noise
- Ch 227 (Reserved)
- Ch 229 Nuisances
- Ch 232 Numbering of Improved Parcels
- Ch 235 Outdoor Storage
- Ch 236 Parks
- Ch 239 (Reserved)
- Ch 242 (Reserved)
- Ch 245 Property Maintenance
- Ch 245A Public Decency
- Ch 246 Public Nuisances
- Ch 247 Public Pay Phones
- Ch 248 Rental Registry
- Ch 250 Restaurant Ancillary Entertainment Licensing
- Ch 254 (Reserved)
- Ch 260 Portable Temporary Storage Units
- Ch 264 Sales
- Ch 267 (Reserved)
- Ch 268 Sewer Rents
- Ch 269 Sewers
- Ch 269A Shopping Carts
- Ch 270 Sidewalk Cafes
- Ch 272 (Reserved)
- Ch 275 Solid Waste
- Ch 278 (Reserved)
- Ch 281 Stormwater Management
- Ch 283 Streets and Sidewalks
- Ch 284 Street Naming
- Ch 285 (Reserved)
- Ch 291 Tattooing
- Ch 293 Taxation
- Ch 295 Taxicabs
- Ch 297 Telecommunications Franchising and Licensing
- Ch 298 Theaters
- Ch 299 Tobacco and Nicotine Products
- Ch 299 Art II Sale of Tobacco, Liquid Nicotine Products, and Electronic Cigarettes
- § 299-2 Retail sale of tobacco products.
- § 299-3 Locational regulations for vape shops.
- § 299-4 Sign to be posted; proof of age required.
- Ch 301 Towers and Antennas
- Ch 302 Towing and Booting
- Ch 304 Trees and Shrubbery
- Ch 307 Trespass
- Ch 312 Underground Utilities
- Ch 313 Valet Parking
- Ch 317 Vacant Property
- Ch 319 Vehicles and Traffic
- Ch 321 Vehicles, Commercial
- Ch 323 Vehicles, Repair of
- Ch 330 Water Supply Emergency
- Ch 332 Waterfront Consistency Review
- Ch 336 Window Displays
- Ch 345 Zoning
- Appendix
- Ch A401 (Reserved)
- Ch A402 Land Subdivision Regulations
- Disposition List
- Ch DL Disposition List
A.
No person shall sell tobacco products, liquid nicotine products,
or nicotine delivery products in the Village of Port Chester unless
the sale of such products is controlled by an employee of the establishment.
A person may only sell tobacco products or nicotine delivery products
in a direct, face-to-face exchange between the retailer and the consumer.
Self-service displays of tobacco products or nicotine delivery products
shall be prohibited.
B.
No person shall sell tobacco products, liquid nicotine products,
or nicotine delivery products to any person under the age of 21 years
or, not being his/her parent or guardian, give tobacco products or
nicotine delivery products to any person under the age of 21.
C.
The sale of tobacco products, liquid nicotine products, and nicotine
delivery products shall only be made to an individual who demonstrates
through a government-issued photographic identification containing
the bearer's date of birth that no person purchasing the tobacco
or nicotine containing products is younger than 21 years of age. No
such verification is required for any person who reasonably appears
to be over the age of 26. No clerk shall sell tobacco products or
nicotine delivery products to a person under 21 years of age who has
a note from an adult requesting such a sale.
A vape shop shall be subject to the following special provisions
with respect to their locations:
A.
A vape shop may only be located as a retail use in the CD-5, CD-5W,
or CD-6 Districts, as indicated on the Official Zoning Map of the
Village of Port Chester.
B.
A vape shop shall not be located within 500 feet of the lot line
of any park, playground, library, religious institution, or public
community center. Such distance shall be measured from the closest
point of the storefront to the nearest point of the lot line of the
property with a park, playground, library, religious institution,
or public community center.
C.
Vape shops shall not be located within 2,000 feet of the lot line
of any school, public or private, and such distance shall be measured
from the closest point of the storefront to the nearest point of the
lot line of the school property.
D.
No more than one vape shop shall be located on any lot or within
1,000 feet of any other vape shop.
Retail establishments where tobacco products or nicotine delivery
products are sold shall conspicuously post and reasonably maintain
signs where these products are displayed and at all check-out counters
notifying customers that proof of age is required to purchase tobacco
products or nicotine delivery products.
A.
Such signs shall be imprinted with the following statement: "SALE
OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, SHISHA 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 LAW."
B.
Such sign shall be printed on a white card in red capital letters
at least 3/4 inch in height.
