[Adopted 8-12-2015 by BOH Ord. No. 15-01]
The purpose of this article is to license establishments that
sell electronic smoking devices. The funds collected by the 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 article, the following terms, phrases,
words and their derivations shall have the meaning stated herein unless
their use in the text of this article clearly demonstrates a 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 Borough of Westwood 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 article.
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 possession
with intent to sell.
Any person(s) who is found to be in violation of the provisions
of this article shall be subject to the following penalties: For any
and every violation of any of the provisions of this article, the
violator of said provision will be subject to a fine of not less than
$1,200 and not more than $2,500. No fines shall be issued for 60 days
after publication of this article.
[Adopted 8-12-2015 by BOH Ord. No. 15-02]
The purpose of this article is to prohibit the sale of tobacco
to minors. The Board of Health recognizes the dangers and health risks
associated with teenagers and young persons who start smoking, as
set forth in various studies conducted by the United States Department
of Health, the American Cancer Society and surveys conducted by other
entities. The Board of Health has concluded that it is appropriate
to prohibit the sale of tobacco and nicotine delivery products within
the Borough of Westwood to persons under the age of 21.
As used in this article, the following terms shall have the
meanings indicated:
HEALTH OFFICER
The Westwood Health Officer and/or his or her authorized
representative.
NICOTINE DELIVERY PRODUCT
Any product that is designed to deliver nicotine or vapor,
including, but not limited to, what are commonly known as "e-cigarettes"
or other types of electronic smoking devices, or any cartridge or
other component of such device, or related products, including but
not limited to any substances used in such devices, such as liquids
or powders or other forms of tobacco, but excluding United States
Food and Drug Administration approved nicotine patches or nicotine
chewing gum.
PERSON
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee, or any other
legal entity.
TOBACCO
Any product made from the tobacco plant for the purpose of
smoking, chewing, inhaling and other personal use, including cigars,
chewing tobacco, pipe tobacco, snuff, and cigarettes in any form.
TOBACCO RETAILER
Any person or entity that operates a store, stand, booth,
concession, or place at which sales of tobacco or nicotine delivery
products are made to purchasers for consumption or use. The term shall
also mean any person or entity that owns, operates or uses a tobacco
vending machine and/or a tobacco vending machine location as defined
herein.
TOBACCO VENDING MACHINE
Any automated, self-service device which, upon insertion
of money, tokens, or other form of payment, dispenses nicotine delivery
products, cigarettes, or other tobacco products.