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ZONING ORDINANCE AMENDMENT OF THE NEW HAVEN BOARD OF ALDERS TO ESTABLISH ZONING REGULATIONS FOR RETAILERS OF TOBACCO AND/OR VAPOR PRODUCTS, SMOKE SHOPS, AND SMOKING PLACES.
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WHEREAS: Retailers of tobacco and/or Vapor Products, Smoke Shops, and Smoking Places; and
WHEREAS: is not part of the current New Haven zoning ordinance; and
WHEREAS: there has been a growing number of smoke shops and smoking places throughout our city; and
WHEREAS: in recent years, many businesses that sell tobacco and tobacco paraphernalia have opened around the city, frequently close to other similar establishments or sensitive locations such as schools, parks, and houses of worship; and
WHEREAS: the many new establishments of this kind that have opened throughout our city present challenges to public health and safety because these businesses can encourage the use of products that may be harmful and addictive, especially for youth in our community; and
WHEREAS: their unregulated operations are a concern to New Haven citizens; and
WHEREAS: to limit the harms caused by tobacco products, there is a need to establish regulations regarding where new businesses selling tobacco and tobacco paraphernalia may open in our city, in line with similar regulations that exist for the sale of other potentially harmful and addictive products such as alcohol and cannabis; and
WHEREAS: this ordinance amendment establishes new use definitions under the zoning code for "Smoke Shop" and "Smoking Place;” and
WHEREAS: disallow the opening of a new Smoke Shop within 1,000 feet of the property line of any school, house of worship, or public park and would disallow the opening of a new Smoke Shop within 3,000 feet of an existing Smoke Shop; and
WHEREAS: the ordinance amendment would regulate and prevent the opening of new Smoke Shops near sensitive locations where youth are likely to spend time; and
WHEREAS: it would prevent the clustering of Smoke Shops in certain parts of the city, limiting the public health and public safety impacts that these establishments can have on our neighborhood; and
WHEREAS: the ordinance would require that all Smoke Shops in New Haven obtain a "tobacco retailers license" from the city under a new licensing program that will be created under a separate ordinance amendment; and
WHEREAS: the licensing requirement will ensure that tobacco products are only being advertised, stored, and sold in a safe manner that improves safety and sanitation at Smoke Shops and reduces the risk that youth will illegally purchase tobacco products; and
WHEREAS: the ordinance amendment would establish storefront and signage regulations for smoke shops and smoking places that limit the type of signage that can be used at these establishments and restrict the display of tobacco products and paraphernalia in street-facing store windows; and
WHEREAS: the Board of Alders held a public hearing with the City Plan Department, Corporation Counsel, Health Department, and any other applicable city departments or agencies to establish the necessary language to incorporate in our zoning ordinance and general code of ordinances.
NOW, THEREFORE BE IT ORDAINED THAT THE zoning ordinance be amended by establishing Section 42.7, "Restriction on the sale of tobacco and tobacco-related products," under Article V of the Zoning Ordinance of the City of New Haven as incorporated herein by reference and as follows: