[HISTORY: Adopted by the Borough Council of the Borough of
Beach Haven 11-30-2022 by Ord. No. 2022-27C. Amendments noted where applicable.]
This chapter is enacted to protect, preserve, and promote the
health, safety, and welfare of the citizens of and visitors to the
Borough by prohibiting the sale, distribution, or delivery of any
substance containing kratom or delta-8 THC within close proximity
to schools, playgrounds, parks, day cares and certain tourist locations
frequented by children and families.
When used in this chapter, the following words have the meanings
as provided below:
A person that sells, prepares, maintains, or otherwise distributes
kratom or delta-8 THC products or that advertises, represents, or
holds itself out as selling, preparing, maintaining, or otherwise
distributing kratom or delta-8 THC products from a physical location
within the Borough.
An extract or stimulant that is produced from a naturally
occurring cannabinoid found in small traces in hemp and cannabis (marijuana)
plants, and includes, but is not limited to, any food product, dietary
supplement, or smoke or vape product containing such an extract or
stimulant. Concentrated amounts of delta-8 THC are typically manufactured
from hemp-derived cannabidiol (CBD).
The actual, constructive, or attempted transfer from one
person to another of a substance, whether or not there is an agency
relationship, and includes a sale.
An extract or stimulant that is produced from the leaves
of an evergreen tree (Mitragyna speciosa) native to Southeast Asia
which contains mitragynine and/or 7-hydroxvmitragynine, including,
but not limited to, any food product or dietary supplement containing
such an extract or stimulant.
Any equipment, product or material of any kind which is primarily
intended or designed for use in manufacturing, compounding, converting,
concealing, producing, processing, preparing, injecting, ingesting,
inhaling, or otherwise introducing a controlled or foreign substance
into the human body, including, but not limited to, kratom, delta-8
THC, or cannabis. This section shall not be interpreted to include
alcoholic beverages regulated by Title 33 of the New Jersey Statutes.
Any individual, corporation, firm, partnership, joint venture,
association, agency, or other group acting as a unit, or combination
thereof, including, but not limited to, a store, restaurant, hotel,
bakery, delicatessen, grocery store, convenience store, bar, gas station,
or food or drink company.
A.
It shall be unlawful for any dealer to offer, sell, distribute, or
expose for sale any kratom product or delta-8 THC product within 1,000
feet of any school, playground, park, or day-care facility within
the Borough. This separation distance shall be measured from the property
line of the dealer location to the property line of the school, playground
or day care.
[Amended 3-13-2023 by Ord. No. 2023-08C]
B.
It shall be unlawful to offer, sell, give, deliver, distribute, or
otherwise provide a kratom product or delta-8 THC product or paraphernalia
to any person under the age of 21 years.
C.
It shall be unlawful to offer, display, sell, give, deliver, distribute,
or otherwise provide a kratom product or delta-8 THC product or paraphernalia
on or from outside vendors or carts. Kratom and delta-8 THC products
may only be displayed and sold from inside storefronts.
[Amended 3-13-2023 by Ord. No. 2023-08C]
Any dealer who sells, distributes, or delivers any substance
containing kratom or delta-8 THC shall provide a certificate of commercial
general liability (occurrence form) with the following limits to the
licensing clerk annually:
In addition to other remedies, the Borough may institute litigation,
in equity or at law, to restrain, prevent, or abate a violation of
this chapter. Such proceedings may be initiated before any court of
competent jurisdiction. The expense of such proceedings may be recoverable
from the violator in any manner as may now or hereafter be provided
by law.
