[Adopted 5-17-2016 by Ord. No. 16-1906]
The purpose of this article 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 and control programs.
For the purpose of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
The Board of Health of the Borough of Highland Park.
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.
The time period covering January 1 through December 31 of
the year for which a license is issued pursuant to this article.
Any establishment that sells or offers for sale electronic
smoking device products 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 exchange, barter, traffic in, keeping and exposing for sale,
displaying for sale, delivering for value, peddling and possessing
with intent to sell.
A.
No person shall conduct, maintain or operate an establishment that
sells electronic smoking devices without first obtaining from the
Board a license to do so.
B.
Fees in accordance with the following schedule shall be paid before
any license required in this article shall be issued:
(1)
Electronic smoking device establishment license: $600.
C.
Licenses issued under the provisions of this article; unless forfeited
or revoked by this Board, shall expire annually on the 31st day of
December each year.
D.
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 July
shall be for six months, a fee of $300).
E.
No license is transferable by sale or otherwise.
F.
Such license shall be posted in a conspicuous place in such establishment
or, if an itinerant establishment, shall be readily available for
display.
A.
Applicants seeking to obtain a license shall file a written application with the Board of Health on a form to be furnished by the Board of Health. The applicant shall accompany the application with a tender of the correct fee as provided in § 247-30D.
B.
Upon receipt of the completed application and fee, the Board of Health
Clerk shall process the application and issue the license within 14
days. The license shall list the name and address of the establishment
in addition to the effective dates of the license.
This article shall be enforced by the Board of Health and/or
other municipal officials of the Borough of Highland Park. Any person
found to be in violation of this article shall be ordered to cease
the sale of electronic smoking devices immediately.
If any section, paragraph subsection, clause or provision of
this article shall be adjudged by the courts to be invalid, such adjudication
shall apply only to the section, paragraph subsection, clause or provision
so adjudged, and the remainder of this article shall be deemed valid
and effective.
This article shall take effect on July 1, 2016, following adoption
and publication in accordance with law.
