[Added 8-17-2021 by L.L. No. 8-2021]
The Town Board of the Town of Irondequoit hereby intends to
limit the sale of tobacco and vapor products on a going-forward basis
to only those zoning districts allowing retail establishments or retail
stores and shops, and to further limit the concentration of tobacco
retail dealers and vapor products dealers within those zoning districts.
This article furthers the goals of New York State’s tobacco
use prevention and control program, as identified in New York State
Public Health Law § 1399-ii. The Town Board finds that:
A.
Tobacco
is a leading cause of preventable death and disease in New York State;
B.
Adolescent
brains are uniquely vulnerable to the effects of nicotine and the
formation of nicotine dependence;
C.
Tobacco
and vapor retail outlet density is associated with high rates of youth
and adult tobacco use, as well as higher rates of initiation of nicotine
use among adolescents and young adults;
D.
Tobacco
and vapor products usage is linked to an increased incident in cancers
and disease and therefore is harmful to the public health; and
E.
Restricting
the sale of tobacco and vapor products to certain zoning districts
and reducing the concentration of sale locations will reduce the availability
of tobacco and nicotine to Town residents, including adolescents,
improving public health and lessening the incidence of various cancers
and diseases.
When used in this article, unless otherwise expressly stated
or unless the context or subject matter otherwise requires, the following
words shall have the meanings therein:
One or more cigarettes or cigars, bidis, chewing tobacco,
powdered tobacco, nicotine water or any other tobacco products.
A person licensed by the New York Commissioner of Taxation
and Finance to sell cigarettes or tobacco products in New York State.
Any noncombustible liquid or gel, regardless of the presence
of nicotine therein, that is manufactured into a finished product
for use in an electronic cigarette, including any device that contains
such noncombustible liquid or gel. “Vapor product” shall
not include any device, or any component thereof, that does not contain
such noncombustible liquid or gel, or any product approved by the
United States Food and Drug Administration as a drug or medical device,
or manufactured and dispensed pursuant to Title V-A of Article 33
of the New York Public Health Law.
A person licensed by the New York Commissioner of Taxation
and Finance to sell vapor products in New York State.
A.
Notwithstanding any provision of the Code of the Town of Irondequoit to the contrary, tobacco retail dealers or vapor products dealers shall be a permitted use in, and only in, any zoning district of Chapter 235 of the Code of the Town of Irondequoit that allows retail establishments or retail stores and shops, not including home occupations, provided that:
(1)
Any
part of the property line of the tobacco retail dealer or vapor products
dealer business is not located within 1,000 feet from the nearest
point of the property line of a school, playground or child-care facility;
and
(2)
Any
part of the property line of the tobacco retail dealer or vapor products
dealer business is not located within 750 feet from the nearest public
entrance of one or more existing licensed tobacco retail dealer or
vapor products dealer.
B.
Where
the use in a zoning district for retail establishments or retail stores
and shops would require the approval of a site plan by the Planning
Board, the consent by the Board of Appeals, a special use permit,
or any other approval, such requirement or requirements shall also
apply to tobacco retail dealers or vapor products dealers.
The Town Board intends that this article shall apply on a prospective
basis only, and the provisions of this article shall not apply in
the following nonexclusive circumstances:
A.
Any tobacco
retail dealer or vapor products dealer licensed by the Commissioner
of Taxation and Finance prior to the enactment of this article.
E.
Any tobacco retail dealer or agent thereof or vapor products dealer or agent thereof that has made an application to the Town Board to amend the Zoning Map of the Town of Irondequoit, pursuant to § 264 of the New York State Town Law, to a district where the sale of tobacco and vapor are permitted pursuant to § 235-179 of this article, prior to the enactment of this article.
