Township of Irvington, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the Township of Irvington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sale of tobacco products — See Ch. 598.
[Adopted 5-24-2011 by Ord. No. MC 3438 (Ch. 168, Art. I, § 168-4.1, of the 1981 Revised Code); amended in its entirety 6-26-2018 by Ord. No. MC 3657]
As used in this article, the following terms shall have the meanings indicated:
CIGAR BAR
Any bar, or area within a bar, designated specifically for the smoking of tobacco products, purchased on the premises or elsewhere; except that a cigar bar that is in an area within a bar shall be an area enclosed by solid walls or windows, a ceiling and a solid door and equipped with a ventilation system which is separately exhausted from the nonsmoking areas of the bar so that air from the smoking area is not recirculated to the nonsmoking areas and smoke is not back-streamed into the smoking areas. The cigar bar will not be within 500 feet of a preschool, elementary, middle or high school in the Township of Irvington.
CIGAR LOUNGE
Any establishment, or area within an establishment, designated specifically for the smoking of tobacco products, purchased on the premises or elsewhere; except that a cigar lounge that is in an area within a bar shall be an area enclosed by solid walls or windows, a ceiling and a solid door and equipped with a ventilation system which is separately exhausted from the nonsmoking areas of the bar so that air from the smoking area is not recirculated to the nonsmoking areas and smoke is not back-streamed into the smoking areas. The cigar lounge will not be within 500 feet of a preschool, elementary, middle or high school in the Township of Irvington.
ELECTRONIC SMOKING DEVICE
Any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term includes any device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, e-cigarillo, vape pen, or under any other product name or descriptor.
HOOKAH
A water pipe and associated products and devices which are used to produce fumes, smoke, and/or vapor from the burning material including, but not limited to, tobacco, shisha, or other plant matter.
HOOKAH BAR OR LOUNGE
Any establishment, or area within an establishment, designated specifically for the smoking of tobacco products, purchased on the premises or elsewhere.
INDOOR PUBLIC PLACE
A structurally enclosed place of business, commerce or other service-related activity, whether publicly or privately owned or operated on a for-profit or nonprofit basis, which is generally accessible to the public, including, but not limited to: a commercial or other office building; office or building owned, leased or rented by the state or by a county or municipal government; public and nonpublic elementary or secondary school building; board of education building; theater or concert hall; public library; museum or art gallery; bar; restaurant or other establishment where the principal business is the sale of food for consumption on the premises, including the bar area of the establishment; garage or parking facility; any public conveyance operated on land or water, or in the air, and passenger waiting rooms and platform areas in any stations or terminals thereof; health care facility licensed pursuant to P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.); patient waiting room of the office of a health care provider licensed pursuant to Title 45 of the Revised Statutes; child-care center licensed pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.); race track facility; facility used for the holding of sporting events; ambulatory recreational facility; shopping mall or retail store; hotel, motel or other lodging establishment; apartment building lobby or other public area in an otherwise private building; or a passenger elevator in a building other than a single-family dwelling.
SMOKING
The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device, including e-cigarettes.
Prohibition: Smoking is prohibited within 100 feet of entranceways to indoor public places pursuant to the New Jersey Smoke Free Air Act, N.J.A.C. 8:6.