[Adopted 10-24-2018 by Ord. No. 3673]
A.
The purpose of this article is to regulate the location and operation
of retail purveyors of tobacco and tobacco products, cannabis and
cannabis products, electronic vapor devices, electronic vapor inhalation
substances, hookahs, and electronic/vapor substance inhalation shops
in the Village of Ridgewood, Bergen County, in order to maintain the
Village's character, diversity and vitality of the Village's Central
Business District and commercial areas and the quality of life for
its residents and visitors. This is considered part of a strategy
to preserve and enhance the economic health of the Village's Central
Business District and promote its continued positive development.
B.
These regulations will rely on all definitions in this chapter and
the Code of the Village of Ridgewood.
As used in this article, the following terms shall have the
meanings indicated:
Printed and/or electronic matter or communication matter
that calls the public's attention to things or items for sale.
Any sole proprietorship, joint venture, corporation or other
business entity formed for profit-making purposes, including retail
establishments where goods and/or services are sold, as well as professional
corporations and other entities where legal, medical, dental, engineering,
architectural or other professional services are delivered or performed.
For the purposes of this article, all parts of the plant
cannabis sativa linnaeus, cannabis indica, or cannabis ruderalis,
that contain the compound or chemical tetrahydrocannabinol, or "THC,"
whether growing or not, including the seeds, resin, thereof, whether
extracted or not from any part of the plant. This includes every compound,
manufacture, salt, derivative, mixture, concentrate, or preparation
of the plant, its seeds, resin, and including edible or topical products
containing any of the above.
[Amended 4-10-2019 by Ord. No. 3714]
Any person or entity that operates any facility, business
entity, property, store, stand, booth, concession or other place at
which the growing, preparation, assemblage, packaging, delivery, sales,
rentals, or other distributions including giveaways of cannabis and
cannabis products are made to entities or persons for the purpose
of introducing cannabis or cannabis products into the consumer market
in any manner for the eventual consumption or use by people.
Those businesses or locations where customers can smoke or
inhale vapor from electronic/vapor substance inhalation products,
commonly known as "electronic cigarettes," "e-cigarettes," "e-cigars,"
"e-cigarellos," "e-pipes," "e-hookahs," "electronic nicotine delivery
systems" and other similar devices.
Those businesses where customers can purchase electronic/vapor
substance inhalation products, commonly known as "electronic cigarettes,"
"e-cigarettes," "e-cigars," "e-cigarellos," "e-pipes," "e-hookahs,"
"electronic nicotine delivery systems" and other similar devices.
A pipe commonly, but not always, made of glass, used for
vaporizing and smoking tobacco, flavored tobacco, nonflavored tobacco,
shisha, dried fruits, cannabis, or other substances in which vapor
or smoke is passed through a water basin or contained source before
inhalation.
Chapter 190 of the Code of the Village of Ridgewood, County of Bergen, New Jersey, as it may be amended from time to time.
Any store, stand, booth, concession or other place that either
devotes a substantial portion of its display area (15% or more floor
space) to tobacco products, hookahs, electronic vapor devices, electronic
inhalation substances or drug paraphernalia to purchasers for consumption
or use.
Any person or entity that operates a store, stand, booth
concession or other place at which sales rentals, or other distributions
including giveaways of tobacco or tobacco products are made to persons
for the purpose of consumption or use by such persons.
The sale, lease or sublease of such establishment;
The transfer of securities which constitute a controlling interest
in such establishment, whether by sale, exchange, or similar means;
or
The establishment of a trust, gift, or other similar legal device
which transfers ownership or control of such establishment, except
for the transfer by bequest or other operation of law upon the death
of the person possessing such ownership or controlling interest.
No person or business shall cause or permit the creation, substantial
enlargement or transfer of ownership or control of any tobacco or
smoke shop, a cannabis retailer or establishment, or electronic/vapor
inhalation shop without first obtaining and maintaining a conditional
use permit as provided in this chapter.
An application for a conditional use permit shall be approved
by the Planning Board upon a determination that all of the following
standards have been met:
A.
The tobacco or smoke shop or electronic/vapor substance inhalation
shop will be located within the permitted zone. Tobacco or smoke shops
or electronic/vapor substance inhalation shops may be located within
the OB-2 Zone. No such establishment shall be permitted to be located
on any parcel outside of this zoning district.
B.
The tobacco or smoke shop or electronic/vapor substance inhalation
shop will meet the following minimum spacing and proximity requirements:
(1)
No such use or establishment shall be located within one mile of
any other such shop;
(2)
No such use or establishment shall be located within 100 feet of
any parcel of land zoned for residential use and/or public parkland;
(3)
No such use or establishment shall be located within 300 feet of
any house of worship or religious facility;
(4)
No such use or establishment shall be located within 400 feet of
any school and any facility used for the education of children;
(5)
No such use or establishment located in a building sharing one or
more common walls with another retail or commercial establishment,
or sharing common attic space with any other use, shall permit smoking
anywhere on the premises.
C.
The tobacco or smoke shop or electronic/vapor substance inhalation
shop is in substantial compliance with the requirements of all health
and safety codes, including, but not limited to, the building code,
fire code, electrical code, mechanical code and plumbing code. Unless
delay is caused by refusal of applicant to schedule or permit timely
inspection, substantial compliance shall be verified no later than
30 days following the application or the applicant shall be deemed
to be in substantial compliance with such requirements for the purposes
of permit issuance.
D.
The tobacco or smoke shop or electronic/vapor substance inhalation shop is in substantial compliance with the development standards for the commercial zone in which the establishment is to be located, and with the general provisions of Chapter 190 relating to development standards and of Chapter 190 relating to sign regulations, except that, to the extent that provisions of this chapter may conflict or be more restrictive, Chapter 190 shall control.
E.
The tobacco or smoke shop or electronic/vapor substance inhalation
shop meets the following minimum specific standards:
(1)
No person or business shall engage in the sale of tobacco or electronic
vapor device products without first posting a plainly visible sign
at the point of purchase of tobacco products that has wording similar
to "THE SALE OF TOBACCO PRODUCTS, CANNABIS, HOOKAHS, AND ELECTRONIC
VAPOR DEVICES AND PRODUCTS TO PERSONS UNDER 21 YEARS OF AGE IS PROHIBITED
BY LAW AND SUBJECT TO PENALTIES. PHOTO IDENTIFICATION IS REQUIRED
OF PURCHASERS APPEARING TO BE 21 YEARS OF AGE AND YOUNGER."
(a)
The letters of the sign shall be at least 1/4 inch high.
(2)
No person, business, retailer, or owner, manager or operator of any
establishment subject to this article shall sell, offer to sell or
permit to be sold any products to an individual without requesting
and examining identification of customers appearing to be 21 years
and younger for the purpose of establishing the purchaser's age as
21 years or greater, unless the seller has some other clear or convincing
basis for determining the buyer's age.
(3)
No person, business, retailer or other establishment shall sell or
offer for sale cigarettes or other tobacco or smoking products not
in the original packaging provided by the manufacturer and with all
required health warnings.
(4)
It shall be unlawful for any person, business or retailer to sell,
permit to be sold, offer for sale or display for sale any product
by means of self-service merchandising or by means other than vendor-assisted
sales.
(5)
No person, business or retailer shall locate, install, keep, maintain,
use, or permit the location, installation, keeping, maintenance, or
use on his, heror its premises, any tobacco vending machine or other
type of vending machine for the sale of these restricted products
for the purpose of selling or distributing any such product.
(6)
It shall be unlawful for any person, business or retailer to distribute
free tobacco or electronic/vapor substance inhalation products or
promotional items, except in enclosed areas where minors are not permitted.
(7)
In addition to the standards in this chapter, each tobacco or smoke
shop or electronic/vapor substance inhalation shop shall comply with
each and every provision of this Code.
Distance, without regard to intervening structures, shall be
a straight line measured from the closest exterior structural wall
of a tobacco or smoke shop or electronic/vapor substance inhalation
shop to the closest property line of a religious facility, courthouse,
day nursery, public playground/park/recreation area, school, residential
zone, vocational or professional institution, institution of higher
education, including community or junior college, college, university,
other tobacco shops or smoke shops.
A.
Cannabis, marijuana shops, wholesaler, distributor and/or retailers
selling cannabis and cannabis products are prohibited in all districts.
B.
This article shall not be construed to limit any privileges or rights
of persons who are qualified patients, primary caregivers, registered
or otherwise, or registered dispensaries pursuant to the New Jersey
Compassionate Use Medical Marijuana Act, N.J.S.A. 24:61-1.
C.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in Section 3
of P.L. 2021, c. 16, but not the delivery of cannabis items and related
supplies by a delivery service, are prohibited.
[Added 6-23-2021 by Ord. No. 3862]
A.
Any person, firm or corporation violating any of the provisions of
this article shall be subject to the issuance of a summons and complaint
and may be charged with either an infraction or a disorderly persons
offense.
B.
Each person found guilty of a violation shall be deemed guilty of
a separate offense for every day during any portion of which a violation
of any section of this article is committed, continued or permitted
by such person, and shall be punishable as provided for in the Village
Code. Any use or occupation of any building or structure maintained
contrary to the provisions of this title, shall constitute a public
nuisance.
A.
No person shall conduct, maintain, or operate an establishment that
sells, furnishes, or distributes electronic/vapor substance inhalation
products or devices without first obtaining a permit from the Village
Department of Health.
B.
A license fee of $1,200 shall be paid to the Department of Health
before any license shall issue.
C.
Licenses issued pursuant to this article shall be an annual license
which shall expire on the 31st of December of each calendar year,
regardless of when issued.
D.
Licenses purchased pursuant to this article that are purchased after
July 1 of the calendar year will be sold for $600 and expire on the
31st of December of that calendar year.
E.
Licenses issued pursuant to this article are nontransferrable and
nonassignable by sale or otherwise.
F.
Any person or entity found to be in violation of this section shall
be ordered to cease and desist the operation, sale, furnishing and/or
distribution of such products and/or devices.
Enforcement of the provisions of this article may be enforced
by the Village Health Officer, members of the Police Department, the
Village Building Department, the Village Code official and any other
person so designated by the Village of Ridgewood.
This article shall not be interpreted or construed to permit
tobacco vending machines and distribution of tobacco product samples
where they are otherwise restricted by other applicable laws. Nor
shall this chapter be construed to be cause for breach of any preexisting
private contract, or cause for interference with regulations imposed
by state or federal law or related to interstate commerce.
