[HISTORY:[1] Adopted by the Board of Health of the Borough of Riverdale 4-17-2018 by Ord. No. BOH 1-2018. Amendments noted where applicable.]
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meaning stated herein unless
their use in the text of this chapter 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 word "shall" is always mandatory
and not merely directory.
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 or pipe, or any cartridge, refill or other component of
the device or related product, including but not limited to refills
such as liquids, gels, waxes and powders.
The time period covering June 1 through May 31 of the year
for which a license is issued pursuant to this chapter.
Any establishment that sells, distributes, gives or offers
for sale electronic smoking devices 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, distribute or give.
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 Riverdale Health
Department a written license approved to do so.
B.
Fees.
(1)
Fees in accordance with the following schedule shall be paid before
any license required in this chapter shall be issued:
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Electronic smoking device establishment license
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$250
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(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 1/3 of $250 ($83.33)].
C.
Licenses issued under the provisions of this chapter, unless forfeited
or revoked by the Riverdale Health Department, shall expire annually
on the 31st day of May 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 their license
for each retail location at least 90 days prior to expiration of the
current license year, and the annual license renewal fee is $250 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 Borough of
Riverdale, the said retail electronic smoking device establishment
shall disclose such address(es) in the Borough of Riverdale.
(2)
Provide any and all contact information, including but not limited
to company name, company contact name, address, phone, website and
e-mail, 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 Borough
of Riverdale.
E.
No license is transferable 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 Borough of Riverdale to offset
budget appropriations in connection with education and enforcement
of this chapter and/or the state's Tobacco Age of Sale Inspection
Program.
[Amended 9-17-2019 by Ord. No. BOH]
A.
No person shall sell, distribute or give electronic smoking devices
in the Borough of Riverdale 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 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 Riverdale ordinances and state laws pertaining to the sale of
electronic smoking devices and has signed a statement that they have
read such ordinances and state laws. Such form statement will be supplied
by the Riverdale 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 Riverdale
Health Department. All retail electronic smoking device establishments
shall be in compliance with this provision by the effective date noted
in section IX.[1]
[1]
Editor's Note: So in original. Section 4 of Ord. No.
BOH 1-2019 provided that the ordinance would take effect immediately
after the final passage and publication in the manner provided by
law.
C.
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 $500 for the first violation,
$750 for the second violation, and $1,000 for the 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 chapter shall be subject to having
any Borough 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:170-51.1 et seq., and
N.J.S.A. 2C:33-13.1 et seq.
D.
Fines and sanctions associated with this section shall be dedicated
and forwarded to the Riverdale Health Department to be used in connection
with education and enforcement of this chapter. The monies shall be
maintained by the Chief Financial Officer or Comptroller of the Borough
of Riverdale.
