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Babylon, NY Business Licensing & Operations: Tobacco Retail License (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Allowed zone
Industrial districts only
Residential buffer
1,000 feet
School/park buffer
2,000 feet
E Business District
New shops prohibited

Summary

Town of Babylon Code § 213-166.1 lets smoke shops and vape shops locate only in industrial zoned districts, with 1,000-foot buffers from homes and other such shops and a 2,000-foot buffer from schools and parks.

Hookah lounges, vape lounges, smoke shops, and/or vape shops as defined in § 213-129.2A are to be restricted as to location in the following manner in addition to any other requirements of this Code:

A. Hookah lounge, vape lounge, smoke shop, or vape shop uses shall be permitted only in industrial zoned districts and subject to the regulations set forth in this article.

B. The lot line of any property whereupon exists a hookah lounge, vape lounge, smoke shop, or vape shop shall not be located within a 1,000-foot radius of the lot line of any lot zoned for or used as residential use. For purposes of this subsection, cemetery property shall be deemed not zoned residential.

C. The lot line of any property whereupon exists any of the above uses shall not be located within a 1,000-foot radius of the lot line of another such legal hookah lounge and vape lounge use.

D. The lot line of any property whereupon exists any of the above uses shall not be located within a 2,000-foot radius of any school, library, church or other place of religious worship, park, playground or playing field.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4941158; v66 updated 2026-05-13; through 05-13-2026).

Full Breakdown

Under Town of Babylon Code § 213-166.1, hookah lounges, vape lounges, smoke shops and vape shops may locate only in industrial zoned districts. A qualifying lot's line cannot sit within 1,000 feet of any residentially zoned or used lot, within 1,000 feet of another such use, or within 2,000 feet of a school, library, church, park, playground or playing field. Separately, § 213-129.2 bars any new smoke shop or vape shop use in the E Business District outright, letting only stores already operating on the law's 2018 effective date continue as legal nonconforming uses.

Violations & Fines

Opening a smoke shop or vape shop outside an industrial zone, or inside a buffer radius, violates § 213-166.1 and is enforced through the Building Department's zoning code.

Frequently Asked Questions

Can a new smoke shop open in a Babylon strip mall?
No. New smoke shops and vape shops are barred from the E Business District and may only locate in industrial zoned districts under § 213-166.1.
How close can a smoke shop be to a school?
Not within 2,000 feet, per § 213-166.1(D).

Sources & Official References

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