The tobacco industry spends billions every year on advertising and promotion of commercial tobacco products in the U.S., which leads to increased youth initiation and makes it harder for tobacco users to quit. Communities can counter such harms by adopting laws that protect public health and limit exposure to commercial tobacco advertising. These policies can help ensure compliance with local business standards, reduce youth access to tobacco products, limit the negative public health and equity impacts of tobacco use, and enforce local, state, and federal tobacco control laws.

Local governments of all sizes in New York State have taken important steps to protect the health of their communities by adopting policies that restrict commercial tobacco in the retail environment. Below is a list of all such policies organized by type.

Communities are at different stages of readiness and ability to adopt policies that curb the harms of commercial tobacco. As such, many laws below contain language that does not reflect public health best practices. For model policy language, please refer to the following PHLC resources:

Tobacco Retailer Licensing Model Ordinance

This resource was prepared to assist New York jurisdictions interested in establishing or strengthening a local commercial tobacco retailer licensing program or further regulating the tobacco retail environment. This model ordinance represents a balance between state and federal minimum standards, best public health policy practices, and practicality for local governments in New York State. This model ordinance contains several policy components that communities may or may not choose to adopt at this time.

For additional information on developing sound policies regulating the sale of commercial tobacco products and the retail environment in New York state, please consult the following resources:

Restricting commercial tobacco sales to brick-and-mortar retail and regulating the products that can be sold is often done through local tobacco retailer licensing laws. Such laws require a retailer to obtain a license before selling commercial tobacco products and allow jurisdictions to suspend or revoke licenses for violations. These laws can reduce or restrict the number, location, density, and types of tobacco retail outlets; limit point-of-sale ad and product placement; specify which products can be sold; and require retailers to comply with other tobacco control measures.

Zoning laws are also used to prohibit the sale or distribution of tobacco products and establish density or proximity restrictions between tobacco retailers. *Please note that zoning policies offer jurisdictions significantly less power and control over retailers than retail licensing policies; such zoning policies have been identified with a “*” below.

Advertising/Promotion

Auburn - City*

Type of Law: Zoning
*Zoning policies offer jurisdictions significantly less power and control over retailers than retail licensing policies

Summary: Prohibits attention-getting devices (eg LED signs, flags, flashing lights) displaying tobacco products outside structure (or inside if readily visible from public right-of-way)

Local Law (2022)

Cicero - Town*

Type of Law: Zoning
*Zoning policies offer jurisdictions significantly less power and control over retailers than retail licensing policies

Summary:

  • Prohibits smoke shops and tobacco retailers within 1500 feet of another smoke shop or tobacco retailer, school, playground, childcare facility, public library, place of worship, or municipal park
  • Restricted to zones that allow retail establishments, or retail sales and service uses
  • Requires special use permit and site plan approval, valid for 24 months after approval, and non-transferrable
  • Excludes shops with "incidental" tobacco sales
  • Prohibits minors on the premises of smoke shops and tobacco stores unless accompanied by their parent or legal guardian
  • Store locations are only allowed to operate between the hours of 8:00 am and 8:00 pm
  • Prohibits exterior attention-getting devices such as LED signs, flashing lights, flags and banners
  • Restricts interior attention-getting devices to areas not visible to public right-of-way

Enforcement Agency: Code Enforcement Division

Local Law (2023)

Dolgeville - Village

Type of Law: Licensing

Summary: Prohibits coupons and multi-pack discounts on tobacco products

Enforcement Agency: Dolgeville Police Department

Local Law (2019)(

Greenburgh - Town

Type of Law: Standalone

Summary: Prohibits advertising or display (defined as placement in an interior/exterior location visible from a public road or sidewalk) of tobacco products and paraphernalia within 1,500 feet of a school or public park.

Enforcement Agency: Greenburgh Building Inspector

Local Law (2022)

Hempstead - Town

Type of Law: Standalone

Summary: Prohibits indoor and outdoor advertising of a certain size for an age-restricted product within 1000 feet of a school, playground, park, childcare center, etc.

Enforcement Agencies: Any authorized county employee

Local Law (2021)

North Syracuse - Village*

Type of Law: Zoning

Summary:

  • Prohibits smoke shops and tobacco retailers within 1500 feet of another smoke shop or tobacco retailer, school, playground, childcare facility, public library, place of worship, or municipal park 
  • Restricted to zones that allow retail stores
  • Requires special use permit and site plan approval, valid for 24 months after approval, and non-transferrable
  • Exempts existing retailers and applies only to businesses where the “primary activity” is tobacco
  • Prohibits minors on the premises of smoke shops and tobacco stores unless accompanied by their parent or legal guardian
  • Store locations are only allowed to operate between the hours of 8:00 am and 8:00 pm
  • Prohibits exterior attention-getting devices such as LED signs, flashing lights, flags and banners
  • Restricts interior attention-getting devices to areas not visible to public right-of-way

Enforcement Agencies: Village Board of Trustees, Code Enforcement Officer

Local Law (2023)

New York City

Minimum Pricing

Type of Law: Licensing

Summary:

  • Sets minimum consumer prices on tobacco products (not including e-cigarettes)
  • Prohibits consumer-facing discounts, such as coupons

Enforcement Agencies: NYC Departments of Health and Mental Hygiene; Consumer Affairs and Finance

Local Law (2020)


Minimum Package Sizing

Type of Law: Licensing

Summary:

  • Sets minimum package sizes for tobacco products
  • Prohibits delivery via foot, bicycle, and motor vehicle of tobacco products or e-cigarettes outside place of business

Enforcement Agencies: NYC Departments of Health and Mental Hygiene; Consumer Affairs and Finance

Local Law (2020)

Salina - Town

Type of Law: Licensing

Summary: Prohibits coupon redemption, multi-pack discounts, and other promotions

Enforcement Agencies: Office of Planning and Development

Local Law (2022)

Suffolk - County

Type of Law: Standalone

Summary: Prohibits visual advertisements for age restricted products within 1000 feet of school or school premises, park or park property, playground, and duly licensed child daycare centers

Enforcement Agencies: Department of Health Services

Local Law (2020)

Density

Amityville - City*

Type of Law: Zoning
*Zoning policies offer jurisdictions significantly less power and control over retailers than retail licensing policies

Summary:

  • Restricts businesses whose purpose is to facilitate the smoking of tobacco, vapors, or e-liquids to the Industrial District
  • Prohibits businesses within 300 foot radius of any property used for residential purposes
  • Prohibits businesses within half a mile radius of another such business
  • Prohibits businesses within 500 foot radius of any school, church or place of religious worship, park, playground, or playing field

Local Law (2019)

Ardsley - Village*

Type of Law: Standalone

Summary:

  • Restricts vape shops to B-1 and B-2 districts
  • Prohibits vape shops from within 500 feet of a park, playground, library, religious institution, or public community center
  • Prohibits vape shops within 2000 feet of any public or private school, 1000 feet of another vape shop, and entirely prohibited in residential districts

 

Enforcement Agencies: Police Department

Local Law (2018)

 

Auburn - City*

Type of Law: Zoning
*Zoning policies offer jurisdictions significantly less power and control over retailers than retail licensing policies

Summary: Restricts location of smoke shops (term is not defined) by prohibiting within 1000 feet of each other

Local Law (2022)

Cicero - Town*

Type of Law: Zoning
*Zoning policies offer jurisdictions significantly less power and control over retailers than retail licensing policies

Summary:

  • Prohibits smoke shops and tobacco retailers within 1500 feet of another smoke shop or tobacco retailer, school, playground, childcare facility, public library, place of worship, or municipal park
  • Restricted to zones that allow retail establishments, or retail sales and service uses
  • Requires special use permit and site plan approval, valid for 24 months after approval, and non-transferrable
  • Excludes shops with "incidental" tobacco sales
  • Prohibits minors on the premises of smoke shops and tobacco stores unless accompanied by their parent or legal guardian
  • Store locations are only allowed to operate between the hours of 8:00 am and 8:00 pm
  • Prohibits exterior attention-getting devices such as LED signs, flashing lights, flags and banners
  • Restricts interior attention-getting devices to areas not visible to public right-of-way

Enforcement Agency: Code Enforcement Division

Local Law (2023)

Irondequoit - Town

Type of Law: Zoning

Summary: Prohibits Tobacco Retail Dealers or Vapor Products Dealers from operating within 750 feet of an existing Dealer. Exempts existing retailers, allows application for variance

Local Law (2021)

Lowville - Village*

Type of Law: Zoning
*Zoning policies offer jurisdictions significantly less power and control over retailers than retail licensing policies

Summary:

  • Restricts smoke shops and tobacco stores to AC - Auto Commercial Zone
  • Prohibits smoke shops and tobacco stores within 1500 feet of a school (public or private), family daycare home, childcare facility, youth center, community center, recreational facility, park, church or religious institution, hospital, or place where children regularly gather
  • Only one smoke shop/tobacco store allowed per 3000 Village residents and cannot be located within 500 feet of another smoke shop or tobacco store
  • Prohibits minors on the premises of smoke shops and tobacco stores unless accompanied by their parent or legal guardian
  • Excludes “any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale”

Local Law (2021)

New York City

Type of Law: Licensing

Summary: Caps the number of licenses issued in each community district; requires reassessment of cap every 2 years or when district boundaries change to determine if further reduction is necessary

Enforcement Agency: NYC Departments of Health and Mental Hygiene; Consumer Affairs and Finance

Local Law (2020)

North Castle - Town

Type of Law: Licensing

Summary:

  • Requires permit to sell nicotine delivery products, including e-cigarettes, vapes, vape pens, lozenges, candy, drinks, and inhalers
  • Restricted from any building which is used (at least in part) for residential purposes
  • Prohibits businesses selling nicotine delivery products from within 1000 feet of another nicotine delivery business, zoning district that permits residential use, church, community center, funeral home, school, daycare center, hospital, alcoholism or drug treatment center, counseling or psychiatric treatment facility, or public park 
  • Prohibits consumption or sampling of any nicotine delivery product within any business selling these items
  • Prohibits sales between 7:00 pm and 9:00 am

Local Law (2019)

Perinton - Town*

Type of Law: Zoning
*Zoning policies offer jurisdictions significantly less power and control over retailers than retail licensing policies

Summary:

  • Prohibits smoke and vape shops (> 50% tobacco sales) and hookah bars from being located within 500 feet of each other or other adult use establishments; or within 1000 feet of a school, place of worship, cemetery, park or playground
  • Requires registration with town clerk.

Local Law (2018)

Syracuse - City

Type of Law: Licensing

Summary:

  • Restricts new issuance of tobacco license within 750 feet of a school or public park (exception for existing licensed business in the event of a newly located school or park
  • Reduces the number of outlets by issuing only one new license for every two non-renewed or revoked

Enforcement Agency: NYC Departments of Health and Mental Hygiene; Consumer Affairs and Finance

Local Law (2023)

Pharmacy

Five local jurisdictions in New York State passed policies prohibiting sales of tobacco products in pharmacies. In 2020, New York State followed suit, passing a law prohibiting all sales of tobacco products in pharmacies.

Prohibited Product sAles (includes Flavors)

Eastchester - Town

Type of Law: Standalone

Summary: Prohibits the sale of tobacco substitutes containing nicotine, including e-cigarettes, vapes, vaporizers, vape pens, lozenges, or other candy, drinks, liquid nicotine, or other e-liquids or inhalers

Enforcement Agency: Eastchester Police Department

Local Law (2019)

Nassau - County

Type of Law: Standalone

Summary: Prohibits flavors of e-cigarette and liquid nicotine products, except tobacco, mint, and menthol flavorings

Enforcement Agency: Department of Health and Department of Consumer Affairs

Local Law (2019)

New York City

Type of Law: Standalone

Summary: Restricts the sale of flavored tobacco products (exempts tobacco, mint, menthol, wintergreen flavors), except in tobacco bars; restricts the sale of flavored e-cigarettes or e-liquids (exempts tobacco flavor)

Enforcement Agency: NYC Departments of Health and Mental Hygiene; Consumer Affairs and Finance

Local Law (2020)

St. Regis Mohawk Tribe

Type of Law: Tribal Council Resolution

Summary: Prohibits the retail sale and distribution of flavored vaping products

Local Law (2019)

Suffolk - County

Type of Law: Standalone

Summary:  Prohibits the sale of camouflaged vaping devices in the county

Local Law (2020)

Proximity

Amityville - City*

Type of Law: Zoning
*Zoning policies offer jurisdictions significantly less power and control over retailers than retail licensing policies

Summary:

  • Restricts businesses whose purpose is to facilitate the smoking of tobacco, vapors, or e-liquids to the Industrial District
  • Prohibits businesses within 300 foot radius of any property used for residential purposes
  • Prohibits businesses within half a mile radius of another such business
  • Prohibits businesses within 500 foot radius of any school, church or place of religious worship, park, playground, or playing field

Local Law (2019)

Ardsley - Village*

Type of Law: Standalone

Summary:

  • Restricts vape shops to B-1 and B-2 districts
  • Prohibits vape shops from within 500 feet of a park, playground, library, religious institution, or public community center
  • Prohibits vape shops within 2000 feet of any public or private school, 1000 feet of another vape shop, and entirely prohibited in residential districts

Enforcement Agencies: Police Department

Local Law (2018)

Auburn - City*

Type of Law: Zoning
*Zoning policies offer jurisdictions significantly less power and control over retailers than retail licensing policies

Summary: 500 feet of a school, day care, park, playground, etc; 300 feet of a single-family, two-family or residential town house; and 200 feet of a house of worship

Local Law (2022)

Babylon - Village*

Type of Law: Zoning

Summary:

  • Restricts hookah, smoke, vape, and marijuana shops and dispensaries to specific zone (Industrial)
  • Definition of "vape shop" limited to those with "a substantial or significant portion of its business" going to vapes and other tobacco or cannabis products
  • Requires Special Use Permit by Village of Babylon
  • Prohibits such shops and dispensaries within 1,000 foot radius of any residential lot, any school, park, playground, library, church, or other place of worship
  • Requires conspicuous posted sign at point-of-sale warning of the health dangers of e-cigarettes, marijuana, and nicotine use

Enforcement Agencies: Code Enforcement Bureau

Local Law (2021)

Bethlehem - Town

Type of Law: Licensing

Summary: Prohibits issuing new licenses to outlets located within 1,000 feet of a school

Enforcement Agency: Bethlehem Department of Planning and Economic Development

Local Law (2020)

Binghamton - City*

Type of Law: Zoning
*Zoning policies offer jurisdictions significantly less power and control over retailers than retail licensing policies

Summary: Restricts location of tobacco outlets by prohibiting land within 500 feet of a school from being newly used for tobacco retail sales, "except upon appeal to the Common Council"

Enforcement Agencies: Binghamton Office of Building Construction, Zoning and Code Enforcement

Local Law (2014)

Cicero - Town*

Type of Law: Zoning
*Zoning policies offer jurisdictions significantly less power and control over retailers than retail licensing policies

Summary:

  • Prohibits smoke shops and tobacco retailers within 1500 feet of another smoke shop or tobacco retailer, school, playground, childcare facility, public library, place of worship, or municipal park
  • Restricted to zones that allow retail establishments, or retail sales and service uses
  • Requires special use permit and site plan approval, valid for 24 months after approval, and non-transferrable
  • Excludes shops with "incidental" tobacco sales
  • Prohibits minors on the premises of smoke shops and tobacco stores unless accompanied by their parent or legal guardian
  • Store locations are only allowed to operate between the hours of 8:00 am and 8:00 pm
  • Prohibits exterior attention-getting devices such as LED signs, flashing lights, flags and banners
  • Restricts interior attention-getting devices to areas not visible to public right-of-way

Enforcement Agency: Code Enforcement Division

Local Law (2023)

Cayuga - County

Type of Law: Licensing

Summary: Prohibits issuing new licenses to outlets located within 100 feet of a school

Enforcement Agencies: Cayuga County Department of Health and Human Services

Local Law (2013)

Cortland - City

Type of Law: Licensing

Summary:

  • Requires local license for tobacco and vape retailers
  • Creates 1000 ft buffer zone around youth-oriented facilities (including schools) and from other retailers
  • Reduces number of retailers by issuing only one new license for every two expired or revoked

Enforcement Agencies: Director of City Code Enforcement Office and Police Department

Local Law (2024)

Dolgeville - Village

Type of Law: Licensing

Summary: Prohibits issuing license to outlets within 1,000 feet of a school

Enforcement Agency: Dolgeville Police Department

Local Law (2019)

Endicott - Village

Type of Law: Licensing

Summary: Prohibits issuing new licenses to outlets located within 1,000 feet of a school

Enforcement Agencies: Police Department and Code Enforcement Officer

Local Law (2020)

Fairhaven - Village*

Type of Law: Zoning
*Zoning policies offer jurisdictions significantly less power and control over retailers than retail licensing policies

Summary: Restricts tobacco retail businesses to the R Zone of the Central Business District

Local Law (2019)

Greenburgh - Town

Type of Law: Standalone

Summary: Prohibits sale of tobacco products and paraphernalia within 750 feet of schools and public parks

Enforcement Agency: Greenburgh Building Inspector

Local Law (2022)

Hempstead - Town

Type of Law: Standalone

Summary: Prohibits businesses located within 1000 feet of schools, parks, and playgrounds from selling e-cigarettes and components/parts

Enforcement Agencies: Any authorized county employee

Local Law (2021)

Irondequoit - Town*

Type of Law: Zoning
*Zoning policies offer jurisdictions significantly less power and control over retailers than retail licensing policies

Summary: Prohibits Tobacco Retail Dealers or Vapor Products Dealers from operating within 1000 feet of schools, playgrounds, or childcare facilities

Local Law (2021)

Lowville - Village*

Type of Law: Zoning
*Zoning policies offer jurisdictions significantly less power and control over retailers than retail licensing policies

Summary:

  • Restricts smoke shops and tobacco stores to AC - Auto Commercial Zone

  • Prohibits smoke shops and tobacco stores within 1500 feet of a school (public or private), family daycare home, childcare facility, youth center, community center, recreational facility, park, church or religious institution, hospital, or place where children regularly gather

  • Only one smoke shop/tobacco store allowed per 3000 Village residents and cannot be located within 500 feet of another smoke shop or tobacco store

  • Prohibits minors on the premises of smoke shops and tobacco stores unless accompanied by their parent or legal guardian

  • Excludes “any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale”

Local Law (2021)

Lynbrook - Village*

Type of Law: Zoning
*Zoning policies offer jurisdictions significantly less power and control over retailers than retail licensing policies

Summary:

  • Prohibits businesses in Commercial Districts from using in excess of 5 square feet of floor space for the sale of tobacco and related product
  • Allows any business in a Light Manufacturing District to sell tobacco and other related products

Local Law (2022)

Middletown - City

Type of Law: Licensing

Summary:

  • Requires license to operate a tobacco/hookah/vaping establishment (term undefined)
  • Application may be denied if retailer's proximity to school, park, etc. would negatively impact the neighborhood
  • Limits hours of operation; other restrictions

Enforcement Agencies: Department of Public Works or Fire Inspector

Local Law (2024)

Morrisville - Village

Type of Law: Zoning

Summary:

  • Prohibits smoke shops and tobacco stores within 1500 feet of another smoke shop or tobacco store regardless of zoning district
  • Definition of "smoke shop and/or tobacco store" excludes "any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale"
  • Prohibits smoke shops and tobacco stores within 500 feet of a house of worship, single-family dwelling, two-family dwelling, school, nursery school, daycare, playground, public library, municipal park, or place where children regularly gather
  • Requires issuance of special permit by Zoning Board of Appeals • Restricted to zones that allow retail stores
  • Prohibits minors on the premises of smoke shops and tobacco stores unless accompanied by their parent or legal guardian
  • Store locations are only allowed to operate between the hours of 8:00 am and 8:00 pm Monday through Saturday

Local Law (2023)

Nassau - County

Type of Law: Standalone

Summary: Prohibits sale of electronic aerosal delivery systems or components/parts within 1000 feet of schools, parks, playgrounds

Local Law (2021)

Newburgh - City

Type of Law: Licensing

Summary: Prohibits issuing new licenses to outlets located within 1,000 feet of a school

Enforcement Agencies: Eligibility determined by City Clerk; violations enforced by Police Dept; Fire Dept permitted to inspect

Local Law (2015)

New Rochelle - City*

Type of Law: Zoning
*Zoning policies offer jurisdictions significantly less power and control over retailers than retail licensing policies

Summary: Prohibits retail stores and shops primarily selling tobacco, vape and similar nicotine products from being located within 500 feet of daycare centers, playgrounds, schools or youth centers.

Local Law (2017)

Niskayuna - Town*

Type of Law: Zoning
*Zoning policies offer jurisdictions significantly less power and control over retailers than retail licensing policies

Summary: Expands prohibition of tobacco retailers to include e-cigarette retailers and marijuana retailers from within 1000 feet of property lines of any district school, nursery school, private school, or child daycare center

Enforcement Agency: Niskayuna Planning Department

Local Law (2020)

North Castle - Town

Type of Law: Licensing

Summary:

  • Requires permit to sell nicotine delivery products, including e-cigarettes, vapes, vape pens, lozenges, candy, drinks, and inhalers
  • Restricted from any building which is used (at least in part) for residential purposes
  • Prohibits businesses selling nicotine delivery products from within 1000 feet of another nicotine delivery business, zoning district that permits residential use, church, community center, funeral home, school, daycare center, hospital, alcoholism or drug treatment center, counseling or psychiatric treatment facility, or public park 
  • Prohibits consumption or sampling of any nicotine delivery product within any business selling these items
  • Prohibits sales between 7:00 pm and 9:00 am

Local Law (2019)

North Syracuse - Village*

Type of Law: Zoning

*Zoning policies offer jurisdictions significantly less power and control over retailers than retail licensing policies

Summary:

  • Prohibits smoke shops and tobacco retailers within 1500 feet of another smoke shop or tobacco retailer, school, playground, childcare facility, public library, place of worship, or municipal park
  • Restricted to zones that allow retail stores
  • Requires special use permit and site plan approval, valid for 24 months after approval, and non-transferrable
  • Exempts existing retailers and applies only to businesses where the “primary activity” is tobacco
  • Prohibits minors on the premises of smoke shops and tobacco stores unless accompanied by their parent or legal guardian
  • Store locations are only allowed to operate between the hours of 8:00 am and 8:00 pm
  • Prohibits exterior attention-getting devices such as LED signs, flashing lights, flags and banners
  • Restricts interior attention-getting devices to areas not visible to public right-of-way

Enforcement Agencies: Village Board of Trustees, Code Enforcement Officer

Local Law (2023)

Oswego - City*

Type of Law: Zoning

*Zoning policies offer jurisdictions significantly less power and control over retailers than retail licensing policies

Summary: Prohibits smoke and vape shops (termed head shop) within 500 feet of any residential zoned area

Local Law (2019)

Oyster Bay - Town*

Type of Law: Zoning

*Zoning policies offer jurisdictions significantly less power and control over retailers than retail licensing policies

Summary:

  • Restricts hookah, smoke, vape, and marijuana shops and dispensaries to specific zone (Light Industry - LI)
  • Definition of "vape shop" limited to those with "a substantial or significant portion of its business" going to vapes and other tobacco or cannabis products
  • Requires Special Use Permit by Town of Oyster Bay
  • Prohibits such shops and dispensaries within 1,000 foot radius of any residential lot, any school, park, playground, library, church, or other place of worship
  • Requires conspicuous posted sign at point-of-sale warning of the health dangers of e-cigarettes, marijuana, and nicotine use

Enforcement Agencies: Code Enforcement Bureau

Local Law (2021)

Patterson - Town*

Type of Law: Zoning
*Zoning policies offer jurisdictions significantly less power and control over retailers than retail licensing policies

Summary: Prohibits dispensing or sales of tobacco or vape products along Front Street, or along Route 311 for a distance of 2,500 feet from the intersection of Front Street

Enforcement Agency: Director of City Code Enforcement Office and Police Department

Local Law (2024)

Perinton - Town*

Type of Law: Zoning
*Zoning policies offer jurisdictions significantly less power and control over retailers than retail licensing policies

Summary:

  • Prohibits smoke and vape shops (> 50% tobacco sales) and hookah bars from being located within 500 feet of each other or other adult use establishments; or within 1000 feet of a school, place of worship, cemetery, park or playground
  • Requires registration with town clerk.

Local Law (2018)

Poughkeepsie - Town*

Type of Law: Zoning
*Zoning policies offer jurisdictions significantly less power and control over retailers than retail licensing policies

Summary:

  • Prohibits tobacco stores within 500 feet of another tobacco store, school, or public-use facility
  • Prohibits tobacco stores within 200 feet of the entrance of a building occupied exclusively as a place of religious worship
  • Excludes stores that use "no more than 5% of its retail space, or 200 square feet, whichever is less, for the display for sale of tobacco or nicotine products or paraphernalia"
  • Requires special use permit and site plan approval from the Planning Board

Local Law (2023)

Salina - Town*

Type of Law: Zoning
*Zoning policies offer jurisdictions significantly less power and control over retailers than retail licensing policies

Summary:

  • Prohibits tobacco retail dealers or vapor products dealers within 1000 feet of another tobacco retail or vapor products dealer, school, playground, childcare facility, or place of worship
  • Restricted to zones that allow retail establishments or retail stores and shops

Local Law (2022)

Scarsdale - Village*

Type of Law: Zoning
*Zoning policies offer jurisdictions significantly less power and control over retailers than retail licensing policies

Summary:

  • Prohibits sale of ENDS, ENDS components, and ENDS parts within 1000 feet of any public or private school, nursery school, daycare center, house of worship, youth center, playground, park, library, arcade, or any other ENDS sale business
  • ENDS, ENDS components, and ENDS parts cannot be stored, exhibited, or displayed in windows of the premises and shall not be accessible to the public without authorized personnel assistance

Local Law (2019)

Suffolk - County

Type of Law: Standalone

Summary: Prohibits visual advertisements for age restricted products within 1000 feet of school or school premises, park or park property, playground, and duly licensed child daycare centers

Enforcement Agencies: Department of Health Services

Local Law (2020)

Sullivan - County

Type of Law: Standalone

Summary: Prohibits sale of tobacco and vaping products and paraphernalia within 1,000 feet of a school. Does not apply to existing businesses, but shall apply "upon change of ownership of such business."

Enforcement Agency: Sullivan County Public Health Services

Local Law (2017)

Syracuse - City

Type of Law: Licensing

Summary: Restricts new issuance of tobacco license within 750 feet of a school or public park (exception for existing licensed business in the event of a newly located school or park)

Enforcement Agency: Syracuse Division of Code Enforcement with Syracuse Police Department

Local Law (2023)

Ulster - County

Type of Law: Licensing

Summary: No new licenses issued for establishments within 1,000 feet of a school

Enforcement Agency: Ulster County Department of Health

Local Law (2015)

Retailer Cap

Bethlehem - Town

Type of Law: Licensing

Summary:

  • Winnows the number of outlets by issuing one new license for every two not renewed until there are seven licenses
  • Caps the number of future licenses issued at seven per year

Enforcement Agency: Bethlehem Department of Planning and Economic Development

Local Law (2020)

Cortland - City

Type of Law: Licensing

Summary:

  • Requires local license for tobacco and vape retailers
  • Creates 1000 ft buffer zone around youth-oriented facilities (including schools) and from other retailers
  • Reduces number of retailers by issuing only one new license for every two expired or revoked

Enforcement Agencies: Director of City Code Enforcement Office and Police Department

Local Law (2024)

Dolgeville - Village

Type of Law: Licensing

Summary: Winnows the number of future outlets by issuing only renewed, not new, licenses

Enforcement Agency: Dolgeville Police Department

Local Law (2019)

Endicott - Village

Type of Law: Licensing

Summary: Reduces the number of outlets by issuing only one new license for every two non-renewed or revoked

Enforcement Agencies: Police Department and Code Enforcement Officer

Local Law (2020)

New York City

Type of Law: Licensing

Summary:

  • Requires license for tobacco products dealers, including additional requirements regarding cigarette tax
  • Prohibits employees under age 18 from handling tobacco products unless under direct supervision
  • Prohibits retail licenses from being issued to pharmacies

Enforcement Agencies: NYC Departments of Health and Mental Hygiene; Consumer Affairs and Finance

Local Law (2020)

Newburgh - City

Type of Law: Licensing

Summary: Reduces overall number of outlets by issuing only one new license for every two non-renewed or revoked

Enforcement Agencies: Eligibility determined by City Clerk; violations enforced by Police Dept; Fire Dept permitted to inspect

Local Law (2015)

Salina - Town

Type of Law: Licensing

Summary:

  • Requires license for tobacco retailers
  • Restricts new issuance of tobacco license to 35 (amended prior limit of 38)

Local Law (2023)

Syracuse - City

Type of Law: Licensing

Summary: Reduces the number of outlets by issuing only one new license for every two non-renewed or revoked

Enforcement Agency: Syracuse Division of Code Enforcement with Syracuse Police Department

Local Law (2023)

Tax

New York City

Tax on Tobacco Products

Type of Law: Licensing

Summary: Imposes tax on tobacco products

Enforcement Agencies: NYC Departments of Health and Mental Hygiene; Consumer Affairs and Finance

Local Law (2020)


Tobacco Product Dealers

Type of Law: Licensing

Summary:

  • Requires license for tobacco products dealers, including additional requirements regarding cigarette tax
  • Prohibits employees under age 18 from handling tobacco products unless under direct supervision

Enforcement Agencies: NYC Departments of Health and Mental Hygiene; Consumer Affairs and Finance

Local Law (2020)
 

Tobacco Retail License

Bethlehem - Town

Type of Law: Licensing

Summary: Requires license for sales of any tobacco product

Enforcement Agency: Bethlehem Department of Planning and Economic Development

Local Law (2020)

Buffalo - City

Type of Law: Licensing

Summary: Requires Tobacco Retail License to operate a tobacco/hookah/vaping establishment

  • In addition, the Unified Development Ordinance - Chapter 496 of the City Code defines "Tobacco/Hookah/Vaping Establishment" as establishments selling tobacco products, hookah products, ENDS and related accessories. It restricts such establishments to certain zones of the city and requires a special use permit in some zones.

Enforcement Agencies: City of Buffalo Department of Permit and Inspection Services

Local Law (2023)

Cayuga - County

Type of Law: Licensing

Summary: Requires license for sales of any tobacco product

Enforcement Agency: Cayuga County Department of Health and Human Services

Local Law (2013)

Cortland - City

Type of Law: Licensing

Summary:

  • Requires local license for tobacco and vape retailers
  • Creates 1000 ft buffer zone around youth-oriented facilities (including schools) and from other retailers
  • Reduces number of retailers by issuing only one new license for every two expired or revoked

Enforcement Agencies: Director of City Code Enforcement Office and Police Department

Local Law (2024)

Dolgeville - Village

Type of Law: Licensing

Summary: Caps at three (3) the number of new licenses issue

Enforcement Agency: Dolgeville Police Department

Local Law (2019)

Dutchess - County

Type of Law: Tobacco Retailer License*

Summary:

  • Requires permit from County Health Commissioner to sell any tobacco product, exempts private clubs (*This permit system mirrors licensing scheme so this law has been categorized as such)
  • Requires outlets to conspicuously place sign produced by the Dutchess County Dept of Health warning of harms of tobacco use

Enforcement Agency: Dutchess County Commissioner of Health

Local Law (2009)

Endicott - Village

Type of Law: Licensing

Summary: Requires license for sales of any tobacco product

Enforcement Agencies: Police Department and Code Enforcement Officer

Local Law (2020)

Middletown - City

Type of Law: Licensing

Summary:

  • Requires license to operate a tobacco/hookah/vaping establishment (term undefined)
  • Application may be denied if retailer's proximity to school, park, etc. would negatively impact the neighborhood
  • Limits hours of operation; other restrictions

Enforcement Agencies: Department of Public Works or Fire Inspector

Local Law (2024)

New York City

Wholesale and Retail Sales

Type of Law: Licensing

Summary: Requires license for wholesale and retail sales of any tobacco product (excludes e-cigarettes, which have separate registration requirement)

Enforcement Agencies: NYC Departments of Health and Mental Hygiene; Consumer Affairs and Finance

Local Law (2020)
 


Tobacco Retail License

Type of Law: Tobacco Retail License*

Summary: Requires registration and verification of retail tobacco and e-cigarette stores [*not a licensing scheme, but registration required so listing under "Licensing"]

Enforcement Agencies: NYC Departments of Health and Mental Hygiene; Consumer Affairs and Finance

Local Law (2020)


Tobacco Products Dealers

Type of Law: Licensing

Summary:

  • Requires license for tobacco products dealers, including additional requirements regarding cigarette tax
  • Prohibits employees under age 18 from handling tobacco products unless under direct supervision
  • Prohibits retail licenses from being issued to pharmacies

Enforcement Agencies: NYC Departments of Health and Mental Hygiene; Consumer Affairs and Finance

Local Law (2020)

Newburgh - City

Type of Law: Licensing

Summary: Requires license for sales of any tobacco product

Enforcement Agencies: Eligibility determined by City Clerk; violations enforced by Police Dept; Fire Dept permitted to inspect

Local Law (2015)

North Castle - Town

Type of Law: Licensing

Summary:

  • Requires permit to sell nicotine delivery products, including e-cigarettes, vapes, vape pens, lozenges, candy, drinks, and inhalers
  • Restricted from any building which is used (at least in part) for residential purposes
  • Prohibits businesses selling nicotine delivery products from within 1000 feet of another nicotine delivery business, zoning district that permits residential use, church, community center, funeral home, school, daycare center, hospital, alcoholism or drug treatment center, counseling or psychiatric treatment facility, or public park 
  • Prohibits consumption or sampling of any nicotine delivery product within any business selling these items
  • Prohibits sales between 7:00 pm and 9:00 am

Local Law (2019)

Salina - Town

Type of Law: Licensing

Summary:

  • Requires license for tobacco retailers
  • Restricts new issuance of tobacco license to 35 (amended prior limit of 38)

Local Law (2023)

Syracuse - City

Type of Law: Licensing

Summary: Requires license for sales of any tobacco product

Enforcement Agency: Syracuse Division of Code Enforcement with Syracuse Police Department

Local Law (2023)

Tannersville - Village

Type of Law: Licensing

Summary: Prohibits issuing new licenses to outlets located within 1,000 feet of a school

Enforcement Agency: Tannersville Village Administration

Local Law (2017) 

Ulster - County

Type of Law: Licensing

Summary: Requires tobacco retail license

Enforcement Agency: Ulster County Department of Health

Local Law (2015)