No. Castle Passes Vape Sale Restrictions; Holds Off on Marijuana
New regulations pertaining to the sale of e-cigarettes and vaping products were unanimously approved last week by the North Castle Town Board in hopes of limiting potential negative impacts of the products on the community.
At the same Feb. 13 meeting, the board also opened and adjourned a public hearing regarding similar regulations for the sale of recreational marijuana. The board, under the advice of Town Attorney Roland Baroni, decided it will not take a vote on that proposed law until more is known about any state legislation to legalize retail marijuana sales.
Councilwoman Barbara DiGiacinto, who has been the most outspoken proponent of the regulations on the board, said devising restrictions for e-cigarettes and nicotine delivery products is essential.
“I have received comments form residents and they were really very pleased that we are considering this legislation as well as being proactive with the recreational marijuana,” DiGiacinto said before the board’s unanimous approval. “They were supportive of all of this.”
One key change made to the regulation that will be incorporated into Chapter 140 of the town code was doubling the distance, from 500 to 1,000 feet, that a business selling nicotine delivery products could operate from a district that permits residential use or another business selling the product, said the town’s Director of Planning Adam Kaufman.
The 1,000-foot requirement is also in effect from any church, community center, funeral home, school, day care center, hospital, alcoholism center or drug treatment center, counseling or psychiatric treatment facility or public park. The distance is measured from lot line to lot line, Kaufman said.
Any business that sells the products is restricted from operating between 7 p.m. to 9 a.m., according to the local law.
Businesses that already sell e-cigarettes and vaping products at the time of last week’s vote are exempt from the restrictions. Supervisor Michael Schiliro and other board members called for the town’s code enforcement officer to create a list of establishments that sell the products so it is known which establishments are grandfathered in.
“We’ll figure out the prudent way to do it that would be legal and acceptable and not incur any kind of interruption for those businesses, but we should probably establish a baseline,” Schiliro said.
While there is only one vape shop in town, located at Sir John’s Plaza in North White Plains, other businesses such as convenience stores and gas station markets that might sell nicotine delivery products would be subject to the law as well.
A business that already sells the products would still be required to obtain a permit from the town, Schiliro said.
Councilman Stephen D’Angelo said he was pleased by passage of the tighter restrictions.
“I think it’s a good idea that we’re getting ahead of the curve on this,” D’Angelo said.
The measure’s legislative finding stated that “the Town Board hereby finds that certain e-cigarette sales activities, by their nature, have serious objectionable operation characteristics which can lead to a significant impact on the surrounding community.” It also stated that the board “further finds that the unrestrained proliferation of such businesses is inconsistent with existing development and future plans for the Town of North Castle” since it could promote unsavory behavior.
“The spirit, I think, of this law is to discourage this type of business, whether it’s a standalone business or it’s part of a gas station,” DiGiacinto said. “I think the introduction sort of makes that clear.”
Marijuana Legislation
After opening the hearing on restricting marijuana sales, the board decided to refrain from taking any action until state legislation is closer to passage.
There is growing concern from communities across the state on legalization. There has also been outcry from smaller communities for an opt-out provision.
“I don’t think you should adopt anything until the state adopts something,” Baroni counseled the board.
He said an article last week in the New York Law Journal stated that legislation legalizing recreational marijuana is likely not to be included as part of the budget by Apr. 1. Even if a law is approved later in the session, it is unlikely to take effect before 2020, Baroni added.
Martin has more than 30 years experience covering local news in Westchester and Putnam counties, including a frequent focus on zoning and planning issues. He has been editor-in-chief of The Examiner since its inception in 2007. Read more from Martin’s editor-author bio here. Read Martin’s archived work here: https://www.theexaminernews.com/author/martin-wilbur2007/