Babylon Village City Zoning Code
ARTICLE XIV
Vaping and Marijuana Products
§ 365-153 Restrictions on sale of vaping and marijuana products, vape shops, hookah lounges, marijuana dispensaries and marijuana shops; legislative intent.
The Village Board finds that it is in the best interest of the Village of Babylon and its residents to restrict the sale of vaping products and marijuana products and the location of vape shops, hookah lounges, marijuana dispensaries, and marijuana shops to particular areas. In addition, all establishments that sell vape products, e-cigarettes, hookahs and accessories, and marijuana and marijuana products will be required to display signage that explains the potential dangers in using such products.
§ 365-154 Definitions.
As used in this article, unless the context clearly requires otherwise, the following terms shall have the meanings indicated:
Cannabidiol, a naturally occurring compound found in the resinous flower of cannabis.
Also known as "e-cigarettes," "e-vaporizers," or "electronic nicotine delivery systems," are battery-operated devices that people use to inhale an aerosol, which typically contain nicotine, flavoring, and other chemicals.
Any facility or location whose business operation includes the on-site indoor smoking of electronic cigarettes, vape pens, vapors, and pipes, as defined herein, e-liquids, or marijuana derivatives, including only CBD, as defined herein, or other substances, but not including THC, as defined herein. "Smoking" includes the inhalation of the smoke/e-liquid nicotine/vapors water pipe tobacco and other substances encased in electronic cigarettes, vape pens, vapors, and pipes commonly known as "hookah," "waterpipe," "shisha" and "narghile" or any other similar device.
A single or multi-stemmed instrument used by one or more persons to smoke tobacco or other substances, which hookah pipe is also commonly referred to as a "hookah," "waterpipe," "shisha," or "narghile."
Same definition ascribed to "marihuana" in New York Public Health Law § 3302[1]; all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or sterilized seed of the plant, which seed is incapable of germination.
A location (whether business or nonprofit) where patients or consumers can access prescribed marijuana (cannabis) in a legal and safe manner. Users get assistance from experts (bud tenders) who find an optimal dosage and recommend the delivery method to achieve optimal results when using medical cannabis.
Any establishment which offers for sale or consideration, for on-premises or off-premises consumption, if allowed by law, marijuana or marijuana derivatives, which contain IBC, in any form, including cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquid, or any other product. This shall include recreational marijuana products, but shall exclude any nonprescription marijuana product or derivative that only contains CBD but not THC.
"Substantial or significant portion" shall be determined using the following considerations:
Amount of floor area and basement space accessible to customers and allotted to the sale or consideration of cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, other marijuana derivatives or like substances of any type, generally, or as compared to the total floor area and basement space accessible to customers; and/or
Amount of cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, other marijuana derivatives or like substances stock-in-trade of any type accessible to customers, generally, or as compared to total stock accessible to customers; and/or
Revenues derived from cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, other marijuana derivatives or like substances of any type, general, or compared to total revenues; and/or
Advertising devoted to cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, other marijuana derivatives or like substances of any type, general, or compared to total advertising; and/or
Use of the establishment for cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, other marijuana derivatives or like substances of any type, general, or compared to total use thereof.
Notwithstanding the above considerations, the following shall be conclusive in determining "substantial or significant portion":
Twenty-five percent or more of floor area and basement space accessible to customers allotted to cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, other marijuana derivatives or like substances of any type; and/or
Twenty-five percent or more of its stock-in-trade in cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, other marijuana derivatives or like substances of any type; and/or
Twenty-five percent or more of its gross income derived from cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, other marijuana derivatives or like substances of any type; and/or
Twenty-five percent or more of its advertising devoted to cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, other marijuana derivatives or like substances of any type.
Tetrahydrocannabinol; the main psychoactive compound in cannabis that produces the high sensation.
Any establishment which offers, for sale or consideration, electronic cigarettes, electronic pipes, vape pens, vapors, e-liquid, marijuana derivatives, including CBD or other substances, but not IBC, as a substantial or significant portion of its business, merchandise and/or stock-in-trade.
[1]
Editor's Note: See L. 2021, c. 92, of the New York State Legislature for applicable revisions to Public Health Law § 3302.
§ 365-155 Restrictions on location of hookah lounges, vape lounges, smoke shops, vape shops, marijuana dispensaries and marijuana shops.
A.
Hookah lounges, vape lounges, smoke shop, vape shop, marijuana dispensary or marijuana shop uses shall be allowable only in an Industrial Zoning District subject to issuance of a special use permit by the Village of Babylon Zoning Board of Appeals, and subject to the regulations set forth in this section.
B.
The lot line of any property whereupon exists a hookah lounge, vape lounge, smoke shop, vape shop, marijuana dispensary or marijuana shop shall not be located within a 1,000-foot radius of the lot line of any lot zoned for residential use, any school, park, playground, library or church or other place of worship.
§ 365-156 Posting of signs.
A.
No person shall sell or continue to sell or distribute or continue to distribute electronic cigarettes, vape pens, vapors, e-liquids. hookah pipes, marijuana or marijuana products in the Village of Babylon unless a sign is posted at the point of sale, in a conspicuous place, that warns of the dangers of e-cigarettes, vape pens, vapors, e-liquids, hookah pipes, marijuana or marijuana products including, at a minimum, the following statement: "WARNING: Electronic cigarettes, vape pens, vapors, and e-liquids contain nicotine. Nicotine is an addictive chemical."
B.
Such sign shall be printed with letters at least 1/2 inch in height. Signs shall be protected from tampering, damage, removal or concealment.