Yorktown City Zoning Code
ARTICLE XXXII
Tobacco, Vapor and Related Products
§ 300-262 Definitions.
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:
Words, pictures, photographs, symbols, graphics or visual images of any kind, or any combination thereof, which bear a health warning required by federal statute, the purpose or effect of which is to identify a brand of a tobacco product, electronic cigarette, or vapor product intended or reasonably expected to be used with or for the consumption of nicotine, a trademark of a tobacco product, electronic cigarette, or vapor product intended or reasonably expected to be used with or for the consumption of nicotine or a trade name associated exclusively with a tobacco product, electronic cigarette, or vapor product intended or reasonably expected to be used with or for the consumption of nicotine or to promote the use or sale of a tobacco product, electronic cigarette, or vapor product intended or reasonably expected to be used with or for the consumption of nicotine.
An electronic device that delivers vapor which is inhaled by an individual user, and shall include any refill, cartridge and any other component of such a device.
A person or entity engaged in the sale of electronic cigarettes.
Any pipe, water pipe, hookah, rolling papers, electronic cigarette, vaporizer or any other device, equipment or apparatus designed for the inhalation of tobacco or nicotine.
One or more cigarettes or cigars, bidis, chewing tobacco, powdered tobacco, nicotine water or any other tobacco products.
A person or entity engaged in the sale tobacco products.
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 or entity engaged in the sale of vapor products.
§ 300-263 Regulation of tobacco, vapor and electronic cigarette dealers.
A.
Notwithstanding any provision of the Code of the Town of Yorktown to the contrary, tobacco retail dealers, vapor products dealers and electronic cigarette dealers shall be a permitted use in, and only in, commercial zoning districts, provided that any part of the property line of the Tobacco Retail Dealers, Vapor Products Dealers and Electronic Cigarette Dealers business is not located within 1,500 feet from the nearest point of the property line of a school, playground, child-care facility, family day-care home, youth center, church, community center, recreational facility, senior housing developments, medical buildings, and/or park.
B.
The Town Board intends that this § 300-263 shall apply on a prospective basis only, and the provisions of this section shall not apply to any tobacco retail dealers, vapor products dealers and electronic cigarette dealers licensed by the Commissioner of Taxation and Finance legally operating in the Town prior to the enactment of this article.
§ 300-264 Advertising and visibility.
Notwithstanding any provision of the Code of the Town of Yorktown to the contrary:
A.
No person, corporation, partnership, sole proprietor, limited partnership, association or any other business entity may place, cause to be placed, maintain or to cause to be maintained, smoking paraphernalia or tobacco product, electronic cigarette, or vapor product intended or reasonably expected to be used with or for the consumption of nicotine advertisements in a store front or exterior window or any door which is used for entry or egress by the public to the building or structure containing a place of business within one thousand five hundred feet of a school, playground, child-care facility, family day-care home, youth center, church, community center, recreational facility, senior housing developments, medical buildings, and/or park.
B.
Any person, corporation, partnership, sole proprietor, limited partnership, association or any other business entity in violation of this section shall be subject to a civil penalty of not more than $1,000 for a first violation and not more than $2,000 for a second or subsequent violation.