[HISTORY: Adopted by the Board of Health of the Township
of Hanover 3-9-2016 by Ord. No.
BH3-16. Amendments noted where applicable]
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.
The Township of Hanover Board of Health.
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]
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.
The time period covering January 1 through December 31 of
the year for which a license is issued pursuant to this chapter.
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 the exchange, barter, traffic in, keeping and exposing for
sale, displaying for sale, delivering for value, peddling and possession
with intent to sell.
A.
No person shall conduct, maintain or operate an establishment that
sells electronic smoking devices without first obtaining from this
Board a license to do so.
B.
Application for an electronic smoking or vapor device operation shall
be submitted on forms to be furnished by the Health Officer. The application
shall be accompanied by the applicable license fee of $750.
C.
A renewal license may be applied for by a licensee for premises licensed
during the previous license period.
D.
Each and every applicant for a license for an electronic smoking
device sales operation shall set forth the following information in
writing:
(1)
The applicant's name, business name, business address, applicant's
phone number and the business's phone number.
(2)
The applicant's email address.
(3)
If the applicant is an individual, the applicant's residence address.
(4)
If the applicant is a partnership, corporation, limited-liability
company, or any other type of business entity, the applicant shall
set forth the full name and residence address of each partner, member
or officer of the business entity.
(5)
If the applicant is a partnership, corporation, or limited-liability
company, the applicant must submit a certificate from the State of
New Jersey that the business entity, regardless of form, is in good
standing, according to the records of the State of New Jersey.
E.
Licenses issued under the provisions of this article, unless forfeited
or revoked by this Board, shall expire annually on the 31st day of
December of each year.
F.
No license is transferable by sale or otherwise.
G.
Such license shall be posted in a conspicuous place in such establishment;
or, if an itinerant establishment, shall be readily available for
display.
H.
Electronic smoking device sales must be conducted inside a place
of business located within a retail zone. A license will only authorize
sales of related devices or products at the place of business identified
on the application.
I.
It shall be unlawful for the electronic smoking device operation
to allow the use or sampling of the devices or related products in
the public right-of-way or in an egress where pedestrians or customers
must pass that falls within the storefront occupied by the operation
or that falls in front of businesses in the same building that directly
neighbor the said operation.
J.
No person shall conduct, maintain, or operate a retail electronic
smoking device establishment or carry on any other business, which
sells or distributes electronic smoking device characterizing flavors.
[Added 11-13-2019 by Ord.
No. BH1-19]
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.
A.
This section shall be enforced by the Board of Health and/or other
designated municipal officials of the Township of Hanover. Any person
found to be in violation of this section shall be ordered to cease
the sale of electronic smoking devices immediately.
B.
In addition to any penalty prescribed, a license holder may have
its license suspended or revoked by the Township Board of Health after
a public hearing for one or more of the following reasons:
(1)
Fraud, misrepresentation or false statement in the application for
the establishment license.
(2)
Fraud, misrepresentation or false statement made while operating
the licensed business in the Township.
(3)
Conducting the licensed business within the Township in an unlawful
manner or in such a manner as to constitute a menace to the health,
safety or general welfare of the public.
(4)
The owner and/or operator or any employee refuses to permit any duly
authorized Township Police Officer or health official to inspect the
premises or the operations therein.
(5)
Any violation of this chapter.
C.
If the Township seeks to suspend or revoke a license pursuant to
this section, the Township Health Officer shall serve the license
holder with a notice of charges specifying the charges against the
license holder, the penalty sought, and containing the time and place
that the license holder shall appear and be heard before the Board
of Health. Service of the notice of charges shall be made by personal
service or by certified and regular mail at least 10 days prior to
the hearing date. The Board of Health may revoke or suspend the license
after the hearing. If the license holder does not appear at the hearing,
said nonappearance shall be considered acceptance of the charges and
the license shall be suspended or revoked as detailed in the notice
of charges.
A.
Any person(s) who is found to be in violation of the provisions of
this section 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
$750 and not more than $1,500.
B.
No fines shall be issued for 90 days after publication of this chapter.
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.
