The Common Council is concerned with the proliferation of smoke shops in the City and its effect on the health, safety, and welfare of the City's residents, in particular young residents. The proposed moratorium temporarily prohibits the opening, siting, approval, or establishment of any new smoke shops, tobacco retailers, vape shops, or similar establishments within the BID while the Common Council undertakes a comprehensive review of zoning, land use, and regulatory provisions applicable to such businesses. The moratorium is intended to preserve the status quo and protect the public health, safety, and welfare of residents while new regulations, rules, laws, and/or controls are adopted by the Common Council.

This moratorium is enacted by the Common Council of the City of Norwich pursuant to its authority to adopt local laws under the New York State Constitution Article IX and Municipal Home Rule Law § 10.

The moratorium imposed by this article shall be in effect for a period of 12 months from the effective date of this article. This moratorium may be extended for an additional period of not more than 12 months by resolution of the Common Council.

This article shall be enforced by the City of Norwich Code Enforcement Office. The Common Council reserves the right to direct a Code Enforcement Officer to revoke or rescind any building permit, certificate of occupancy, or any other permits or certificates issued in violation of this article.

Any person desiring an exemption from the temporary moratorium imposed by this article shall present a waiver request to the Common Council of the City of Norwich. The Common Council shall have the discretion to grant such a waiver if the Common Council finds that the waiver will not adversely affect the purpose of this article or the health, safety, or welfare of the residents of the City.

If any part of this article is deemed by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this article.

This article shall take effect immediately upon filing with the Secretary of State.