Somers City Zoning Code
ARTICLE XXIIB
Electronic Nicotine Delivery Systems and Vape Shops
§ 170-129.11 Purpose; findings; legislative intent.
The purpose, findings and legislative intent of this article are to:
A.
Regulate the sale of electronic nicotine delivery systems and the establishment of vape shops in order to serve the public health, safety and welfare of the residents and businesses within the Town.
B.
The Town Board also finds that electronic nicotine delivery systems, commonly known as "e-cigarettes," have been growing steadily in popularity since entering the United States retail market in 2007. E-cigarettes are often advertised as alternatives to traditional tobacco products. The Town Board finds that many convenience and grocery stores sell these products, with some dedicated "vape shops" and "head shops" exclusively selling e-cigarettes, liquid nicotine and related products. Such devices may contribute to youth smoking and reduced cessation, since the devices contain or produce chemicals other than nicotine known to be toxic, carcinogenic and causative of respiratory and heart distress. E-cigarettes and similar devices look identical, whether they contain nicotine or not, and, as a result, their use not only normalizes e-cigarette use but also renormalizes tobacco addiction and use of tobacco products like combustible cigarettes.
§ 170-129.12 Definitions; word usage.
A. BUSINESS ELECTRONIC NICOTINE DELIVERY SYSTEM VAPE SHOP
As used in this article, the following terms shall have the following meanings unless the context shall otherwise require.
Any person, business, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint-stock association, or other business entity of any kind.
Any electronic device composed of a mouthpiece, heating element, battery and electronic circuits that provide a vapor of liquid nicotine, any marijuana derivative and/or other substances, mixed with propylene glycol or a similar substitute, to the user as he or she simulates smoking. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, e-pipes or under any other product name. This term shall include the component parts designed for such systems, including, but not limited to, liquid nicotine and other e-liquids, glass or plastic vials containing e-liquid, cartridges, atomizers, batteries, cartomizers and clearomizers, digital displays/lights that adjust settings, tank systems, drip tips, flavoring for electronic nicotine delivery systems and programmable software.
Any facility or location whose business operation, whether as its primary use or as an ancillary use, includes the smoking or selling of electronic nicotine delivery systems, hookahs or such other vaping paraphernalia, vapors, e-liquids, marijuana derivatives, or other substances that are smoked through an electronic nicotine delivery system or any related product.
§ 170-129.13 Unlawful acts; conformance required.
A.
It shall be unlawful for any business to own, manage or operate a vape shop within the NS Neighborhood Shopping District.
B.
It shall be unlawful for any business to sell any electronic nicotine delivery system within the NS Neighborhood Shopping District.
C.
Any business currently selling electronic nicotine delivery systems within the NS Neighborhood Shopping District may continue to operate and sell electronic nicotine delivery systems for six months from the effective date of this article. Thereafter, any business located within the NS Neighborhood Shopping District shall be required to conform to all requirements of this chapter and section.