As used in this article, the following terms shall have the
meanings indicated:
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 electronic cigarette, cigar,
cigarillo or pipe, or any cartridge or other component of the device
or related product including but not limited to any substances used
in such devices, such as liquids or powders.
NICOTINE DELIVERY PRODUCT
Any product that is designed to deliver nicotine or vapor,
including, but not limited to, what are commonly known as "e-cigarettes"
or other types of electronic smoking devices, or any cartridge or
other component of such device, or related products including but
not limited to any substances used in such devices, such as liquids
or powders or other forms of tobacco, but excluding United States
Food and Drug Administration approved nicotine patches or nicotine
chewing gum.
PERSON
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee, or any other
legal entity.
RETAIL ELECTRONIC SMOKING DEVICE ESTABLISHMENT
A physical establishment, duly licensed by the Board of Health,
that sells, offers for sale, gives, distributes or furnishes electronic
smoking devices designed for consumption through inhalation.
No license is transferrable by sale or otherwise. A license
is valid only for the specific premises and person listed thereon.
Civilian complaints may be filed in Municipal Court against
violators of this article. Any person who violates the provisions
of this article (including any employee of a tobacco retailer licensed
under N.J.S.A. 54:40A-1 et seq.) who actually sells or otherwise provides
tobacco products or electronic smoking devices to a person under 21
years of age shall be liable to a civil penalty of not less than $250
for the first violation, not less than $500 for the second violation,
and $1,000 for the third and each subsequent violation. Complaint
shall be made in the Municipal Court of Pennington Borough or before
such other judicial officer having authority under the laws of the
State of New Jersey.