[HISTORY: Adopted by the Board of Health of the Borough of Riverdale 4-17-2018 by Ord. No. BOH 1-2018. Amendments noted where applicable.]
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning stated herein unless their use in the text of this chapter clearly demonstrates different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number shall include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- ELECTRONIC SMOKING DEVICE
- An electronic or other powered device that can be used to deliver nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, cigar, cigarillo or pipe, or any cartridge, refill or other component of the device or related product, including but not limited to refills such as liquids, gels, waxes and powders.
- LICENSE YEAR
- The time period covering June 1 through May 31 of the year for which a license is issued pursuant to this chapter.
- RETAIL ELECTRONIC SMOKING DEVICE ESTABLISHMENT
- Any establishment that sells, distributes, gives or offers for sale electronic smoking devices designed for consumption through inhalation.
- Every delivery of electronic smoking devices, whether the same is by direct sale or the solicitation or acceptance of an order, including the exchange, barter, traffic in, keeping and exposing for sale, displaying for sale, delivering for value, peddling and possession with intent to sell, distribute or give.
No person shall conduct, maintain or operate a retail electronic smoking device establishment that sells, distributes or gives electronic smoking devices without first obtaining from the Riverdale Health Department a written license approved to do so.
Fees in accordance with the following schedule shall be paid before any license required in this chapter shall be issued:
The fee for each initial license per retail location issued to a licensee pursuant to this section shall be an amount proportionate to the number of months remaining in the license year, including the month in which the license is issued [for example, a license issued to a new licensee in February shall be 1/3 of $250 ($83.33)].
Licenses issued under the provisions of this chapter, unless forfeited or revoked by the Riverdale Health Department, shall expire annually on the 31st day of May of each year. In order to continue selling electronic smoking devices in the next license year, the retail electronic smoking device establishment shall apply for a renewal of their license for each retail location at least 90 days prior to expiration of the current license year, and the annual license renewal fee is $250 per retail electronic smoking device establishment location.
At the time of the initial application and any subsequent renewals, or at the discretion of the local health department, license holders shall:
Disclose if they are also a manufacturer, wholesaler and distributor of nicotine electronic smoking devices as defined above (which includes related products, components, refills, etc.), and if that part of their business is conducted or takes place at the same location as the retail electronic smoking device establishment or another location(s) as noted in the initial application or subsequent renewals. If such business takes place at a different address(es) in the Borough of Riverdale, the said retail electronic smoking device establishment shall disclose such address(es) in the Borough of Riverdale.
Provide any and all contact information, including but not limited to company name, company contact name, address, phone, website and e-mail, regarding any and all sources of their nicotine delivery products for sale or distribution. This includes but is not limited to information regarding any and all nicotine delivery product suppliers, manufacturers, wholesalers, distributors, etc., including those based in the Borough of Riverdale.
No license is transferable by sale or otherwise.
Such license shall be posted in a conspicuous place in such establishment. No itinerant establishments shall be permitted to obtain an electronic smoking device establishment license.
All licensing fees shall be paid to the Borough of Riverdale to offset budget appropriations in connection with education and enforcement of this chapter and/or the state's Tobacco Age of Sale Inspection Program.
No person shall sell, distribute or give electronic smoking devices in the Borough of Riverdale unless an employee of the establishment controls the sale of such products. A person may only sell electronic smoking devices in a direct, face-to-face exchange between the retailer and the consumer. Self-service displays and vending machines of electronic smoking devices shall be prohibited.
No person shall sell, distribute, or give electronic smoking devices to any person under the age of 21 years.
No retail electronic smoking device establishment shall allow the retailer, employee or any other person to sell, distribute or give such products until the retailer, employee or other person has read the Riverdale ordinances and state laws pertaining to the sale of electronic smoking devices and has signed a statement that they have read such ordinances and state laws. Such form statement will be supplied by the Riverdale Health Department and all signed original statements shall be kept on file by the retail electronic smoking device establishment and made immediately available at all times for review by the Riverdale Health Department. All retail electronic smoking device establishments shall be in compliance with this provision by the effective date noted in section IX.
Editor's Note: So in original. Section 4 of Ord. No. BOH 1-2018 provided that the ordinance would take effect immediately after the final passage and publication in the manner provided by law.
The sale of any electronic smoking device refill, including but not limited to any and all liquids, gels, wax or powders, and whether or not such refill contains nicotine, that is intended for human consumption and is not contained in packaging that is child-resistant is prohibited as set forth in N.J.S.A. 2A:170-51.9 et seq.
License holders can only do in-person marketing and sales of electronic smoking devices at their retail electronic smoking device establishment. There shall be no cross marketing or sales at nonregistered retail locations and mobile locations, including but not limited to street fairs, local fairs, festivals, etc.
Unless otherwise provided by law, statute or ordinance, any person(s) who is found to be in violation of the provisions of this chapter shall, upon conviction thereof, pay a fine of $500 for the first violation, $750 for the second violation, and $1,000 for the third and each subsequent violation. Each violation, and every day in which a violation occurs, shall constitute a separate violation. No fines shall be issued for 60 days after publication of this chapter.
In addition, any violator of this chapter shall be subject to having any Borough license held by the violator suspended, revoked or fined. No such action may be taken unless the requirements of due process are satisfied.
These penalties are in addition to any penalties that may be imposed, including but not limited to penalties imposed by the New Jersey Code of Juvenile Justice, N.J.S.A. § 2A:170-51.1 et seq., and N.J.S.A. 2C:33-13.1 et seq.
Fines and sanctions associated with this section shall be dedicated and forwarded to the Riverdale Health Department to be used in connection with education and enforcement of this chapter. The monies shall be maintained by the Chief Financial Officer or Comptroller of the Borough of Riverdale.