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.
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 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.
LICENSE YEAR
The time period covering June 1 through May 31 of the year
for which a license is issued pursuant to this chapter.
SALE
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.
[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.
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.