File #: OR-2024-0034    Version: Name:
Type: Ordinance Status: In Committee
File created: 10/21/2024 In control: Legislation Committee
On agenda: Final action:
Title: 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.
Attachments: 1. BOA COVER LTR - Smoke Shop ordinance 10 17 2024 (2).pdf, 2. NH Smoke Shops - 1000ft Buffer Map, 3. NH Smoke Shops - 1500ft Buffer Map, 4. NH Smoke Shops - 3000ft Buffer Map, 5. Smoke Shop Section 42.7 DRAFT AC Edits 10-16-24, 6. ORDER TO ESTABLISH ZONING REGULATIONS FOR RETAILERS OF TOBACCO AND OR VAPOR PRODUCTS SMOKE SHOPS AND SMOKING PLACES

TITLE

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.

BODY

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: