The Town Board and the staff of the Town of Babylon reviewed land use studies of the location of tobacco advertising in proximity to schools, parks and child day-care centers. In addition, the Town has examined the actions and codes of other municipalities including the City of New York and the City of Long Beach.

The Town Board of the Town of Babylon finds that restricting the exposure of minors to advertising regarding tobacco and tobacco products is constitutional when achieved through reasonable targeted limitations on such advertising in the vicinity of schools and other locations where it is well established that children tend to congregate. It is the intention of the Town Board to enhance and augment compliance with and enforcement of federal, state and local laws prohibiting the sale or distribution of tobacco products to minors, and to protect such minors against such illegal sales.

The Center for Disease Control and Prevention has reported that while the rate of adult smoking of tobacco products has decreased nationwide by 50% between 1971 and 1993, the rate of smoking among all high school students has increased by 26% during the years 1991 and 1996, and now stands at the highest rate since 1981. It is further noted that this dramatic increase has occurred contrary to and at variance with the laws of all 50 states prohibiting sale and distribution of tobacco products to minors, and the pledge of all tobacco product manufacturers to adhere to a voluntary industry code prohibiting advertising of such products in a manner appealing to minors.

In 1991, a study of the Journal of the American Medical Association concluded that "...cigarette advertising encourages youth to smoke and should be banned." In 1994, a report of the National Institute of Medicine stated that, "...the substantial convergent evidence that advertising and promotion increase tobacco use by youth is impressive and...provided a strong basis for legal regulation." In 1995, a report of the federal Center for Disease Control and Prevention found that "...cigarette marketing practices appeared to be the most likely account for [the] increase in teen smoking initiation rates."

In 1997, Liggett & Myers, Inc., a cigarette manufacturer, made the following acknowledgement in executing a settlement agreement with the Attorney Generals of 17 states, including the State of New York, "...Liggett acknowledges that the tobacco industry markets to 'youth,' which means those under 18 years of age...."

Based upon the preponderance of the evidence that tobacco products are advertised and promoted to minors, and that the rate of use of tobacco products by minors has drastically increased contrary to legislation prohibiting the sale or distribution of such products to minors, the Town Board of the Town of Babylon hereby finds and declares it to be in the best interests of minors residing and/or otherwise present within the Town to enact affirmative, reasonable and constitutionally permissible restrictions on the advertising of tobacco products.

By enacting this legislation, it is the intent of the Town Board to promote compliance with an enforcement of federal, state and local laws prohibiting sale or distribution of tobacco products to minors, and therefore, in deference to the protections afforded by the First Amendment to the Constitution of the United States, this legislation has been narrowly crafted to place reasonable time, place and manner restrictions on such advertising in those locations where it is well established that minors tend to congregate, while not imposing restrictions on such advertising clearly directed to adults.

Definitions. For the purposes of this article, the following terms shall have the meanings indicated herein, unless specifically indicated otherwise:

Word usage. Words used in the singular in this article shall include the plural and vice versa. The word "shall" is always mandatory.

In any outdoor area within 1,000 feet in any direction, of any child day care center, park or school.

In the interior or a building or structure which is within 1,000 feet, in any direction, of any child day-care center, park or school when such advertisement is within five feet of any exterior window or any door which is used for entry or egress to the building or structure by the public; except that such advertisement may be placed or maintained in the interior of any such premises where it is parallel to said windows or entryways and face inward, or affixed to a wall panel or similar fixture that is perpendicular to said windows or entryways.

Nothing is this section shall prevent a tobacco product manufacturer, distributor or retailer from placing, causing to be placed, maintaining or causing to be maintained its corporate or other business name on a building or structure, in any location, where such building or structure or a portion thereof is owned, operated or leased by it as its principal place of business; provided, however, that said corporate or other business name is properly registered or filed in the United States and/or it is duly authorized to do business in any state, and said corporate or business name does not include any tobacco product advertisement as defined in this section.

Nothing contained in this subsection shall be construed to authorize the placement of any sign, advertising device or tobacco product advertisement in any location where such placement is otherwise prohibited by the Code of the Town of Babylon or other applicable law.