[HISTORY: Adopted by the Township Council of the Township of Hillside 7-15-2014 by Ord. No. O-14-06. Amendments noted where applicable.]
The purpose of this chapter is to license establishments that sell electronic smoking devices. The funds collected by licensing of such establishments shall be used to fund the development and maintenance of a tobacco age-of-sale enforcement program and other smoking cessation, prevention or control programs as may be established and/or administered by the Board.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section 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.
- The Township of Hillside Board of Health.
- 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.
- LICENSE YEAR
- The time period covering January 1 through December 31 of the year for which a license is issued pursuant to this chapter.
- RETAIL ELECTRONIC SMOKING DEVICE ESTABLISHMENT
- Any establishment that sells or offers for sale electronic smoking device products designed for consumption through the 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 possessing with intent to sell.
No person shall conduct, maintain or operate an establishment that sells electronic smoking devices without first obtaining from this Board a license to do so.
Fees in accordance with the following schedule shall be paid before any license required in this article shall be issued:
Electronic smoking device establishment license: $750.
Licenses issued under the provisions of this article, unless forfeited or revoked by this Board, shall expire annually on the 31 day of December of each year.
License fees shall not be due for any new or existing electronic smoking device establishments until 30 days following the effective date of this chapter.
The fees for all initial licenses 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 September shall be 1/3 of $750 ($250)].
No license is transferrable by sale or otherwise.
Such license shall be posted in a conspicuous place in such establishment or, if an itinerant establishment, shall be readily available for display.
Any person(s) who is found to be in violation of the provisions of this chapter shall be subject to the following penalties. For any and every violation of any of the provisions of this chapter, the violator of said provision will be subject to a fine of not less than $1,000 and not more than $2,000. No fines shall be issued for 60 days after publication of this chapter.