[Adopted 11-5-2018 by Ord. No. 18-22]
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.
RETAIL ELECTRONIC SMOKING DEVICE ESTABLISHMENT
Any establishment that sells, distributes, gives or offers for sale electronic smoking devices designed for consumption through inhalation.
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.
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 Borough of River Edge Health Department a license 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: $1,200.
C. 
Licenses issued under the provisions of this article, unless forfeited or revoked by the Borough of River Edge Health Department, shall expire annually on the 31st day of May of each year.
D. 
The fees for all initial licenses issued to a licensee pursuant to this article shall be an amount proportionate to the number of months remaining in the license year, including the month in which the license is issued.
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 River Edge. The funds collected by the licensing of such establishments shall be used to fund the development, maintenance and/or enforcement of a Tobacco Age of Sale Enforcement Program and other smoking cessation, prevention or control programs as may be established and/or administered by the Board.
A. 
No person shall sell, distribute or give electronic smoking devices in the Borough of River Edge 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 Borough of River Edge 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 Borough of River Edge 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 Borough of River Edge Health Department. All retail electronic smoking device establishments shall be in compliance with this provision by the effective date noted in § 268-24.
D. 
The sale of any electronic smoking device refill liquid, whether or not such liquid contains nicotine, that is intended for human consumption and that 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 the 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. 
This section shall be enforced by the Borough of River Edge Health Department and/or other municipal officials of the Borough of River Edge.
B. 
Any person found to be in violation of this article shall be ordered to cease the sale of electronic smoking devices immediately.
A. 
Any person(s) who is found to be in violation of the provisions of this article shall be subject to the following penalties. For any and every violation of any of the provisions of this article, the violator of said provision will be subject to a fine of not less than $1,200 and not more than $2,500.
B. 
In addition, any violator of this article shall be subject to having any Borough license held by the violator, suspended or revoked or being 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., and N.J.S.A. 2C:33-13.1 et seq.
D. 
Fines and sanctions associated with this article shall be dedicated and forwarded to the Borough of River Edge Health Department to be used in connection with education and enforcement of this article. The monies shall be maintained by the Chief Financial Officer of the Borough of River Edge.
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.