The purpose of this article is to license establishments that
sell electronic smoking devices and related products. 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 Borough
of River Edge Health Department.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meaning stated herein,
unless their use in the text of this article 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 or other component of the device
or related product.
LICENSE YEAR
The time period covering June 1 through May 31 of the year
for which a license is issued pursuant to this article.
SALE
Every delivery of electronic smoking devices, whether the
same is by direct sale or the solicitation or acceptance of an order,
including 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.
Each section, subsection, sentence, clause and phrase of this
article is declared to be an independent section, subsection, sentence,
clause and phrase. If any portion of this article, or its application
to any person or circumstances, shall be adjudged or otherwise determined
to be invalid, unconstitutional, void, or ineffective for any cause
or reason, such determination shall not affect the remaining provisions
of this article; 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 article are severable.
This article shall take effect upon passage and publication
as provided by law.