Town attorney recommends keeping Milk and Things closed after flavored-vape seizure; board agrees to seek sale and table action to Aug. 5

Supervisor Schaffer and the Town of Babylon board heard from Senior Assistant Town Attorney Jorge Rosario on July 8 that police executed a warrant at Milk and Things on June 25, 2026, and seized 2,217 flavored vapes that the town and state prohibit as products designed to attract youth.

"That warrant was obtained, signed by Judge Sachs...over 2,217 flavored vapes were confiscated at the location," Rosario said, summarizing arrests and enforcement dating back to 2024 and recommending the business remain closed because it has not complied with prior conditions and amounts to a public nuisance.

Attorney Michael McCarthy, representing the business, appeared and said he had not received paperwork about the closure; Supervisor Schaffer encouraged McCarthy to work with the Town Attorney's Office to craft an agreement enabling a rapid sale of the property while monitoring any operation. Schaffer said the town had received numerous community complaints and that local school districts had invested in mitigation measures in response to youth vaping trends.

Rosario estimated the seized inventory’s retail value at about $60,000 and said enforcement included undercover purchase evidence attached to the warrant. "We found flavored vapes...they're meant to attract younger folks," he said.

Schaffer outlined the board's direction: the owner should work with the town attorney to list the property for sale immediately, provide the town with the sales agreement, and accept strict monitoring and inspections if any operation resumes. The board agreed to table Resolution 5-23 to the August 5 meeting to allow the owner time to meet with the Town Attorney's Office and town staff.

The board did not adopt a final disposition at the July 8 meeting; its action was procedural direction and the formal resolution will return to the agenda on Aug. 5 for further consideration.