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E. Each and every smoke shop shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. One said sign, measuring approximately 144 square inches, shall be placed in a conspicuous location near each public entrance to each and every smoke shop. It shall be unlawful for a smoke shop to fail to display and maintain, or fail to cause to be displayed or maintained, said signage. § 416-4. Location. A. A smoke shop shall be allowable only within the C-2 General Commercial District, subject to the issuance of a special use permit, and subject to the regulations set forth herein. B. No smoke shop shall be permitted within 500 feet of another smoke shop. C. No smoke shop shall be permitted within 500 feet of a school, nursery school, day care, playground, public library, municipal park, or other similar uses where children regularly gather at the discretion of the Supervising Code Enforcement Officer. D. No smoke shop shall be permitted within 500 feet of the lot line of any lot zoned for residential use. E. No smoke shop shall be permitted within 500 feet of a house of worship. F. Said distances shall be measured from property line to property line. § 416-5. Penalties for offenses. A violation of this chapter constitutes an offense, and the owner, person, or smoke shop violating this chapter shall be subject to a fine for each and every day that the violation exists, as set forth in the Schedule of Fines and Penalties determined by the Hamburg Town Board. This chapter shall be enforced by the Town of Hamburg Code Enforcement Department, the Town of Hamburg Police Department, and/or the New York State Police. § 416-7. Existing smoke shops. The provisions of Article XLI of Chapter 280 of the Town Code concerning nonconforming uses in existence at the time of the adoption of this chapter shall apply to smoke shops. In addition to the provisions of Article XLI of Chapter 280 of the Town Code, if there is any change in the ownership of an existing smoke shop after the adoption of this chapter, then any further use of such property as a smoke shop shall be required to conform to this chapter and be required to apply for a special use permit, as applicable. No existing smoke shop shall be permitted to expand the square footage of its existing footprint without conforming to this chapter and obtaining a special use permit, as applicable. § 416-8. Severability. The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgement of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect. Downloaded from https://ecode360.com/CH0024 on 2025-12-04 8