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AN ORDINANCE TO AMEND THE BOROUGH OF PAXTANG CODE CHAPTER 425

– ZONING TO ADD DEFINITIONS AND RESTRICT THE SALE OF ELECTRONIC


NITCOTINE DELIVERY SYSTEMS (ENDS) PRODUCTS AND TOBACCO PRODUCTS
TO A CONDITIONAL USE IN THE GENERAL BUSINESS ZONING DISTRICT

WHEREAS, electronic nicotine delivery systems (ENDS) include vaporizers, electronic


cigarettes, and any electronic device used for inhalation of tobacco products or e-liquids; and
WHEREAS, retail stores specializing in the sale of e-cigarettes and ENDS related products are
commonly referred to as vape shops; and
WHEREAS, vape shops are considered a retail store or shop which is an allowable use in the
downtown zoning district and the general business zoning district; and
WHEREAS, retail stores specializing in the sale of tobacco products such as cigarettes, pipe
tobacco, pipes, smokeless tobacco, and cigarette paper are commonly referred to as smoke shops.
WHEREAS, smoke shops are considered a retail store or shop which is an allowable use in the
downtown zoning district and the general business zoning district; and
WHEREAS, the Food and Drug Administration has taken steps to combat the use of ENDS
systems and tobacco use, especially in a growing number of teenage users; and
WHEREAS, the Paxtang Borough Council has authority to zone for the promotion, protection,
and facilitation of public health, safety, morals, and general welfare; and
WHEREAS, the Borough Council desires to amend the Code of Ordinances Chapter 425 –
Zoning to add definitions and restrict the sale of ENDS, ENDS-related products, and tobacco to a
conditional use in the general business zoning district.
Chapter 425 Section 10
Electronic nicotine delivery systems (ENDS) means any device designed or used to
transform an “e-liquid” (that may contain nicotine) into an aerosol that the user inhales.
ENDS can also be referred to as vapes, vaporizers, vape pens, hookah pens, electronic
cigarettes, e-cigarettes, e-cigs, and e-pipes.
ENDS related products means any component or part of an ENDS system including but not
limited to: e-liquids, cartridges, atomizers, certain batteries, cartomizers and clearomizers,
tank systems, drip tips, and flavorings for ENDS.
E-liquid means any liquid that contains vegetable glycerin, propylene glycol, nicotine,
water, and possibly flavoring that can be used in ENDS devices. E-liquids can also be
referred to as “vape” or “vape juice.”
Vape shop means any establishment whose principal product line for retail sale is ENDS
devices, parts, components, or e-liquids. Principal means that the ENDS related products
constitute at least twenty-five percent of the establishment’s aggregate retail sales.
Smoke shop means any establishment whose principal product line for retail sale is
tobacco in any form, pipes, pipe cleaners, cigarettes, and any tobacco related products.
Principal means that the tobacco and tobacco related products constitute at least twenty-
five percent of the establishment’s aggregate retail sales.

Chapter 425 Section 14


Amend Table 3-2 to add use “Vape shop” under Mixed Use District Section B.
Nonresidential Uses with an “N” (not permitted) for categories: Conservation Zoning
District, Traditional Neighborhood Zoning District, Mixed Neighborhood Zoning District,
and Downtown Zoning District.
Amend Table 3-4 to add “Vape shop” under section A. Nonresidential Uses with a “C”
(conditional use) for the general business zoning district.
Amend Table 3-2 to add use “Smoke shop” under Mixed Use District Section B.
Nonresidential Uses with an “N” (not permitted) for categories: Conservation Zoning
District, Traditional Neighborhood Zoning District, Mixed Neighborhood Zoning District,
and Downtown Zoning District.
Amend Table 3-4 to add “Smoke Shop” under Section A. Nonresidential Uses with a “C”
(conditional use) for the general business zoning district.

SO ORDAINED, this _________ day of _______________, 2019.