The purpose of this article is to license establishments that sell electronic smoking devices and related products. This license will help the Township of Cedar Grove to ensure compliance with state law that bans the sale, furnishing or giving of tobacco products and electronic smoking devices to persons under age 19, with any local ordinance of the Township of Cedar Grove that increases such minimum age, and with the 2016 state law N.J.S.A. 2A:170-51.9 et seq. requiring child-resistant packaging of refills for these devices. The funds collected by licensing of such establishments shall be used to fund the development and maintenance of programs related to tobacco cessation, prevention and control as may be established and/or administered by the Cedar Grove Health Department.
No person shall conduct, maintain or operate a retail electronic smoking device establishment that sells, distributes or gives electronic smoking devices without first obtaining from the Cedar Grove Health Department a written license approved to do so.
Fees in accordance with the following schedule shall be paid before any license required in this article shall be issued:
Electronic smoking device establishment license: $750.
The fee for each initial license per retail location 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 February shall be one third of $750 ($250)].
Licenses issued under the provisions of this article, unless forfeited or revoked by the Cedar Grove Health Department, shall expire annually on the 31st day of December of each year. In order to continue selling electronic smoking devices in the next license year, the retail electronic smoking device establishment shall apply for a renewal of its license for each retail location at least 90 days prior to expiration of the current license year, and the annual license renewal fee is $750 per retail electronic smoking device establishment location.
At the time of the initial application and any subsequent renewals, or at the discretion of the local Health Department, license holders shall:
Disclose if they are also a manufacturer, wholesaler and distributor of nicotine electronic smoking devices as defined above (which includes related products, components, refills, etc.), and if that part of their business is conducted or takes place at the same location as the retail electronic smoking device establishment or another location(s) as noted in the initial application or subsequent renewals. If such business takes place at a different address(es) in the Township of Cedar Grove, the said retail electronic smoking device establishment shall disclose such address(es) in the Township of Cedar Grove.
Provide any and all contact information, including but not limited to company name, company contact name, address, phone, website and email, regarding any and all sources of their nicotine delivery products for sale or distribution. This includes but is not limited to information regarding any and all nicotine delivery product suppliers, manufacturers, wholesalers, distributors, etc., including those based in the Township of Cedar Grove.
No license is transferrable by sale or otherwise.
Such license shall be posted in a conspicuous place in such establishment. No itinerant establishments shall be permitted to obtain an electronic smoking device establishment license.
All licensing fees shall be paid to the Township of Cedar Grove to offset budget appropriations in connection with education and enforcement of this chapter and/or the state's Tobacco Age of Sale Inspection Program.
No person shall sell, distribute or give electronic smoking devices in the Township of Cedar Grove unless an employee of the establishment controls the sale of such products. A person may only sell electronic smoking devices in a direct, face-to-face exchange between the retailer and the consumer. Self-service displays and vending machines of electronic smoking devices shall be prohibited.
No person shall sell, distribute, or give electronic smoking devices to any person under the age of 21 years.
No retail electronic smoking device establishment shall allow the retailer, employee or any other person to sell, distribute or give such products until the retailer, employee or other person has read the Cedar Grove Ordinances and state laws pertaining to the sale of electronic smoking devices and has signed a statement that he/she has read such ordinances and state laws. Such form statement will be supplied by the Cedar Grove Health Department and all signed original statements shall be kept on file by the retail electronic smoking device establishment and made immediately available at all times for review by the Cedar Grove Health Department. All retail electronic smoking device establishments shall be in compliance with this provision by the effective date noted in § 117-16.
The sale of any electronic smoking device refill, including but not limited to any and all liquids, gels, wax or powders, and whether or not such refill contains nicotine, that is intended for human consumption and is not contained in packaging that is child-resistant is prohibited as set forth in N.J.S.A. 2A:170-51.9 et seq.
License holders can only do in-person marketing and sales of electronic smoking devices at their retail electronic smoking device establishment. There shall be no cross marketing or sales at nonregistered retail locations and mobile locations, including but not limited to street fairs, local fairs, festivals, etc.
Unless otherwise provided by law, statute or ordinance, any person(s) who is found to be in violation of the provisions of this chapter shall, upon conviction thereof, pay a fine of not less than $250 for the first violation, not less than $500 for the second violation, and not less than $1,000 for third and each subsequent violation. Each violation, and every day in which a violation occurs, shall constitute a separate violation. No fines shall be issued for 60 days after publication of this chapter.
In addition any violator of this article shall be subject to having any Township license held by the violator suspended, revoked or fined. No such action may be taken unless the requirements of due process are satisfied.
These penalties are in addition to any penalties that may be imposed including but not limited to penalties imposed by the New Jersey Code of Juvenile Justice, N.J.S.A. 2A:170-51 et seq. and 2C:33-13.1 et seq.
Editor's Note: N.J.S.A. 2A:170-51 was repealed by L. 1999, c. 90, § 19, effective 5-3-1999.
Fines and sanctions associated with this section shall be dedicated and forwarded to the Cedar Grove Health Department to be used in connection with education and enforcement of this chapter. The monies shall be maintained by the Chief Financial Officer of the Township of Cedar Grove.
Any person who continually violates Article II may also be charged in the Municipal Court or in Superior Court with maintaining a nuisance.
Each sale, furnishing or giving of tobacco and/or nicotine delivery product to any person under the age of 21 shall constitute a separate violation. Each violation, and every day in which a violation occurs, shall constitute a separate violation.
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 upon final passage, adoption, and publication in the manner prescribed by law.