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 cessations,
prevention or control programs as may be established and/or administered
by the Board.
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meaning 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.
BOARD
The Township of Hanover Board of Health.
CHARACTERIZING FLAVOR
A distinguishable flavor, taste, or aroma, including, but
not limited to, any fruit, chocolate, vanilla, honey, candy, cocoa,
dessert, alcoholic beverage, herb or spice flavoring, menthol, mint,
tobacco, or nicotine in liquid, wax, gel, oil, cartridge, or in any
other format that is imparted, prior to or during consumption, by
an electronic smoking device or other related product. An electronic
smoking device or other related product shall be deemed to have a
characterizing flavor if the device is packaged with, contains, or
includes such flavors or ingredients in liquid, wax, gel, oil, cartridges,
or any in other format and/or is advertised or marketed as having
or producing characterizing flavors.
[Added 11-13-2019 by Ord.
No. BH1-19; amended 5-13-2020 by Ord. No. BH1-2020]
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, hookah, pipe or any cartridge or other component of the
device or related product.
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 possession
with intent to sell.
It shall be lawful for any member of the Township Health Department,
the Health Officer, Health Inspectors or any person acting under and
by the authority of the Township Health Department to enter in and
upon any premises within the Township in the exercise of the powers
or in the fulfillment of its or their duties conferred or imposed
by law or Township ordinance and the rules and regulations thereunder.
Any person hindering, obstructing, delaying, resisting, preventing
or interfering with such right of access shall be deemed to violate
the provisions of this article.
Each section, subsection, sentence, clause and phrase of this
chapter is declared to be an independent section, subsection, sentence,
clause and phrase. If any portion of this chapter, or its application
to any person or circumstances, shall be adjudged or otherwise determined
to be invalid, unconstitutional, void, or ineffective for any clause
or reason, such determination shall not affect the remaining provisions
of this chapter, and the application of such remaining provisions
shall not be affected thereby and shall remain in full force and effect,
and to this end, the provisions of this chapter are severable.
All ordinances or parts of ordinances contrary to or inconsistent
with the provisions of this chapter are hereby repealed to the extent
of such conflict or inconsistency.
This chapter shall take effect after publication at the time
and in the manner directed by law.