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Oyster Bay, 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 zoning district
Light Industry (LI) only
Permit required
Special use permit, Zoning Board of Appeals
Buffer distance
1,000 feet from residential/school/park/library/worship
Signage requirement
Nicotine warning sign, letters at least 1/2 inch
Adopted
Local Law No. 3-2021, 3-30-2021

Summary

Oyster Bay confines vape shops, hookah lounges and marijuana shops to Light Industry zoning and requires a special use permit from the Zoning Board of Appeals. Those uses also cannot locate within 1,000 feet of any residential lot, school, park, playground, library or house of worship.

Hookah lounges, vape lounges, smoke shop, vape shop, marijuana dispensary or marijuana shop uses shall be allowable only in a Light Industry (LI) Zoning District subject to issuance of a special use permit by the Town of Oyster Bay Zoning Board of Appeals, and subject to the regulations set forth in this section. The lot line of any property whereupon exists a hookah lounge, vape lounge, smoke shop, vape shop, marijuana dispensary or marijuana shop shall not be located within a one-thousand-foot radius of the lot line of any lot zoned for residential use, any school, park, playground, library or church or other place of worship.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4036544; v24 updated 2023-03-07; through 03-07-2023).

Full Breakdown

3 restricts where a vape shop, hookah lounge, vape lounge, smoke shop, marijuana dispensary or marijuana shop can operate. These uses are allowable only in a Light Industry (LI) Zoning District, and even there they need a special use permit issued by the Town of Oyster Bay Zoning Board of Appeals before opening. The section cross-references the Schedule of Use Regulations for Nonresidence Districts, an attachment to the Zoning Code, for the underlying use-table entry. Beyond the district limit, the code adds a locational buffer: the lot line of any property with one of these uses cannot sit within a one-thousand-foot radius of the lot line of any lot zoned residential, or of any school, park, playground, library, church or other place of worship.

This local law, adopted 3-30-2021 by Local Law No. 4: any establishment selling e-cigarettes, vape pens, vapors, e-liquids, hookah pipes, marijuana or marijuana products must post a sign at the point of sale, in letters at least one-half inch tall, warning that these products contain nicotine, an addictive chemical, protected from tampering or concealment. 1, was to restrict the location of these establishments and require warning signage given the potential dangers of the products sold. 2 for determining what counts as a substantial portion.

Violations & Fines

Operating a vape shop, hookah lounge or marijuana shop outside the LI District, without a Zoning Board of Appeals special use permit, or within the 1,000-foot buffer from a residential lot, school, park, playground, library or place of worship is a zoning violation subject to Town code enforcement, including denial of a certificate of occupancy and orders to cease operation. Failing to post the required point-of-sale warning sign under § 246-5.5.34.4 is a separate violation.

Frequently Asked Questions

Where in Oyster Bay can a vape shop legally open?
Only in a Light Industry (LI) Zoning District, and only after obtaining a special use permit from the Zoning Board of Appeals, per Town Code § 246-5.5.34.3. Vape shops are not permitted by right in any other zoning district in the Town.
How far must a vape shop be from a school in Oyster Bay?
Section 246-5.5.34.3 bars the lot line of a vape shop, hookah lounge or marijuana shop property from sitting within a one-thousand-foot radius of the lot line of any school, park, playground, library, place of worship or residentially zoned lot.
Do Oyster Bay vape shops need warning signs?
Yes. Section 246-5.5.34.4 requires a sign posted at the point of sale, in letters at least one-half inch tall, warning that e-cigarettes, vape pens, vapors, e-liquids, hookah pipes and marijuana products contain addictive nicotine, protected from tampering or removal.

Sources & Official References

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