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Article LX Smoke Shops and Vape Shops § 280-429. Findings; purpose. To further the goals of New York State's tobacco use prevention and control program, as identified in New York State Public Health Law § 1399-ii, the Town of Hamburg finds that: A. Tobacco is a leading cause of preventable death and disease in New York State; B. Adolescent brains are uniquely vulnerable to the effects of nicotine and the formation of nicotine dependence; C. Tobacco and vapor/e-cigarette retail outlet density is associated with high rates of youth and adult tobacco use, as well as higher rates of initiation of nicotine use among adolescents and young adults; D. Tobacco and vapor products usage is linked to an increased incidence in cancers and disease and therefore is harmful to the public health; and E. Restricting the sale of tobacco and vapor/e-cigarette products to certain zoning districts and reducing the concentration of sale locations will reduce the availability of tobacco and nicotine to residents, including adolescents, improving public health and lessening the incidence of various cancers and diseases. § 280-430. Definitions. As used in this chapter, the following terms shall have the meanings indicated: SMOKE SHOP(S) AND/OR VAPE SHOPS— Any shop, store, or business of which the primary activity is the sale, manufacture, or promotion of tobacco, tobacco products, and accessories, either at wholesale or retail, dedicated to the sale of tobacco products and/or smoking paraphernalia, as herein defined. SMOKING PARAPHERNALIA — All equipment, products, and materials, of any kind, which are used, intended for use, or designed and/or adapted for use in packaging, repackaging, storing, containing, injecting, ingesting, inhaling and/or otherwise introducing into the human body tobacco products. TOBACCO PRODUCTS — Tobacco, tobacco products, including but not limited to cigarettes, chewing tobacco, cigars, electronic cigarettes, vape pens, vapors, e-liquids, e-vaporizers and other like substances, CBD (cannabidiol), and CBD products, including but not limited to CBD gummies and/or CBD oil. § 280-431. General regulations. A. All smoke shops and vape shops within the Town of Hamburg after the effective date of this chapter must obtain a special use permit and site plan approval in accordance with Town Code. B. Smoke shop or vape shop locations may only operate between the hours of 8:00 a.m. and 10:00 p.m. on weekdays and Saturdays, and 12:00 noon and 9:00 p.m. on Sundays. C. A special use permit (§ 280-318) is required for each and every smoke shop or vape shop. No smoke shop or vape shop may open, operate, or exist in the Town without first obtaining a special use permit from the Planning Board following a public hearing. A property owner and/or landlord shall not permit a tenant or subtenant to open or operate a smoke shop or vape shop within the Town unless a special use permit has been obtained for the desired premises. Application procedures for a special use permit shall follow § 280-319 of the Town Code. D. A smoke shop/vape shop is only allowable, subject to a special use permit, on a parcel of land in the 72