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.
A.
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.
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: $750.
(2)
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)].
C.
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.
D.
At the time of the initial application and any subsequent renewals,
or at the discretion of the local Health Department, license holders
shall:
(1)
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.
(2)
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.
E.
No license is transferrable by sale or otherwise.
F.
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.
G.
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.
A.
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.
B.
No person shall sell, distribute, or give electronic smoking devices
to any person under the age of 21 years.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.[1] and 2C:33-13.1 et seq.
[1]
Editor's Note: N.J.S.A. 2A:170-51 was repealed by L.
1999, c. 90, § 19, effective 5-3-1999.
D.
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.
E.
Any person who continually violates Article II may also be charged in the Municipal Court or in Superior Court with maintaining a nuisance.
F.
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.
