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New ordinance passed to regulate tobacco, hookah, vaping, and cannabis establishments in Buffalo

The common council said the ordinance is a response to concerns from residents over the lack of control and regulation of smoke shops that have been opening.

BUFFALO, N.Y. — The City of Buffalo Common Council on Tuesday passed a new ordinance concerning regulations for tobacco, hookah, vaping, and cannabis establishments in the city. 

The common council said the ordinance is a response to concerns from residents over the lack of governing control and regulation of smoke shops that have been quickly opening throughout the city without any regulation from the city.

"The City of Buffalo is proud to introduce this ordinance to regulate tobacco, hookah, and vaping establishments. We want to ensure that these businesses operate within the parameters of the law and follow regulations that will protect our citizens' health and safety," Council Member Bryan Bollman said.  

The council said the recently passed legislation is not intended to impede the legalization process for recreational cannabis, but rather to establish regulatory measures that will ensure a positive impact on communities.

 "This legislation is a crucial step in the right direction for Buffalo. By establishing regulatory measures, we can ensure that all smoke shops and cannabis establishments are operating within the guidelines set forth by the City, and we can address concerns about the negative impact on our communities," Council Member Chris Scanlon said.

In the past, the council said the city's oversight was limited to instances where smoke shops required special zoning. But now with the new ordinance, all smoke shops are required to obtain a license to operate in Buffalo and must secure approval from the Buffalo Common Council.

"This ordinance is long overdue. The City of Buffalo recognizes that these businesses need to be regulated to ensure they operate legally, and their impact on the surrounding communities is minimized. The new legislation is a step in the right direction towards achieving this goal," Council Member Rasheed N.C. Wyatt said.

The ordinance will require all current and future tobacco, hookah, and vaping establishments in Buffalo to obtain a license from the Department of Permit and Inspection Services. Starting on April 1, 2023, no person shall own or operate a Tobacco/Hookah/Vaping establishment without first obtaining a license. 

The council said all current owners and operators have 12 months from the passage of this ordinance to apply for and obtain a valid tobacco, hookah, and vaping  license to continue operating.

The ordinance requires each applicant to submit information, including proof of registration with the State of New York as a tobacco and/or vape retail dealer and a description of all properties proposed to be managed or owned by the applicant. 

All tobacco, hookah, and vaping licenses will expire on June 30 of every year, and licenses will be non-transferable. The application fee is $200.00. The Department of Permit and Inspection Services will conduct annual inspections of existing Tobacco/Hookah/Vaping establishments commencing May 15, 2023.

The common council said the new ordinance also includes grounds for denial of a license, such as prior bad acts by the applicant, the location of the licensed activity being more likely than not to negatively impact the neighborhood, or the applicant not being a registered New York State tobacco and/or vape retail dealer. 

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