Southtowns Record

Town Board Regular Meeting Agenda, Jan 26, 2026 — Agenda

Government
Town of Hamburg
Board
Town Board
Meeting
Jan 26, 2026
Kind
Agenda
Topics
Zoning and land use, Public safety, Budget and taxes, Parks and recreation, Roads and traffic, Water, sewer and drainage

Original document

Same meeting

Text · page 7 of 59

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 incident 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) — 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.

  § 416-3. General regulations.

  A.  Smoke 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.

  B.  A special use permit (§ 280-318) is required for each and every smoke shop. No smoke 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 within the Town unless a special use permit has been
  obtained for the demised premises.
  C.  A smoke shop is only allowable, subject to a special use permit, on a parcel of land in the C-2 General
  Commercial District.
  D.  It is unlawful for a smoke shop to knowingly allow or permit a minor, not accompanied by his or her
  parent or legal guardian, to enter or remain within any smoke shop.
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