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.
BOARD
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.
SALE
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.
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.