Definitions. The words and terms used in this section shall have
the meanings as provided herein. Where words or terms are not defined
in this section they shall have the meanings ordinarily ascribed to
them. Should any word, term or phrase defined in this section conflict
with any other word, term or phrase defined in this title, the definitions
provided in this section shall apply.
ADVERTISING
Media (printed, electronic or otherwise) that calls the public's
attention to things for sale.
BUSINESS
Any sole proprietorship, joint venture, limited liability
company, corporation or other business entity formed for profit-making
purposes, including retail establishments where goods or services
are sold, as well as professional corporations and other entities
where legal, medical, dental, engineering, architectural or other
professional services are delivered.
CANNABIS
All parts of the plant cannabis sativa linnaeus, cannabis
indica, or cannabis ruderals, whether growing or not; the seeds thereof;
the resin and/or oil extracted from any part of the plant; every compound,
manufacture, salt, derivative, mixture, concentrate, or preparation
of the plant, its seeds, or resin; and edible or topical products
containing any of the above.
CANNABIS RETAILER
Any person or entity that operates a store, stand, booth,
concession, or other place at which sales, rentals, or other giveaways
of cannabis products are made to purchasers for consumption or use.
CANNABIS SHOP
Any store, stand, booth, concession or other place which
sells, manufacturers, grows, rents or gives away cannabis or any product
containing cannabis or allows or permits the use or consumption of
cannabis or any product containing cannabis.
ELECTRONIC VAPOR DEVICE
Any device with a heating element, a batter, or an electronic
circuit that provides nicotine or other vaporized liquids to the user
in a manner that simulates tobacco products, shisha, herbs, or any
other product that produces smoke.
ELECTRONIC/VAPOR INHALATION SUBSTANCE PRODUCTS
Cartridges, cartomizers, e-liquid, smoke juice, tanks, tips,
atomizers, vaporizers, electronic smoking device batteries, electronic
smoking device chargers, and any other item specifically designed
for the preparation, charging, or use of electronic vapor devices.
ELECTRONIC/VAPOR SUBSTANCE INHALATION SHOPS
Are defined as those businesses where customers can smoke
or inhale vapor from electronic/vapor inhalation substance products,
commonly known as "electronic cigarettes," "e-cigarettes," "e-cigars,"
e-cigarillos," "e-pipes," e-hookahs," "electronic nicotine delivery
systems," and other similar devices.
EMPLOYEE
Any person who is employed by an employer for consideration
for direct or indirect wages or profit, or is an independent contractor,
agent or consultant of an employer and any person who volunteers his
or her services for a nonprofit entity.
HOOKAH
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 before inhalation.
MINOR
Any individual who is less than 21 years old.
NONPROFIT ENTITY
Any corporation, unincorporated association or other entity
created for charitable, philanthropic, educational, character-building,
political, social, or other similar purpose, the net proceeds from
the operation of which are committed to the promotion of the objectives
or purposes of the entity and not to private gain. A public agency
is not a nonprofit entity within the meaning of this section.
PERSON
Any individual, partnership, cooperative association, private
or private corporation, limited liability company, personal representative,
receiver, trustee, assignee, or any other legal entity.
PUBLIC PLAYGROUND/PARK/RECREATION AREA
An area to which the public, and particularly minors, come
to participate in athletic or recreational activities, whether or
not such activities are supervised or organized. Such areas include,
but are not limited to, publicly owned and maintained parks, athletic
fields, playgrounds, picnic areas, any outdoor premises or grounds
owned or operated by the Borough, a public or private school, child
care center, and any youth or recreational facilities that contains
any play or athletic equipment used or intended to be used by minors.
SCHOOL
An institution of learning for minors, whether public or
private, preschool or day care services, kindergarten, elementary
school, junior high school, senior high school, or any special institution
of learning, a vocational or professional institution or an institution
of higher education, including a community or junior college, college,
or university.
SELF-SERVICE MERCHANDISING
Open display of tobacco products and point-of-sale tobacco-related
promotional products that the public has access to without the intervention
of an employee.
TOBACCO OR SMOKE SHOP
Any store, stand, booth, concession, or other place that
either devotes a substantial portion of its display area (i.e., 15%
or more of floor space) to tobacco products, or devotes more than
16 cubic feet of shelf space, for the display or sale of tobacco or
drug paraphernalia to purchasers for consumption or use. This definition
includes electronic vapor devices, electronic vapor inhalation substances
and hookahs.
TOBACCO PRODUCT
Any product containing tobacco leaf, including, but not limited
to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing
tobacco, dipping tobacco, bidis, or any other preparation of tobacco;
and any product or formulation of matter containing biologically active
amounts of nicotine that is manufactured, sold, offered for sale,
or otherwise distributed with the expectation that the product or
matter will be introduced into the human lungs or mouth in smoke or
vapor form, using any tobacco paraphernalia, but does not include
any product specifically approved by the United States Food and Drug
Administration for use in treating nicotine or tobacco dependence.
TOBACCO RETAILER
Any person or entity that operates a store, stand, booth,
concession, or other place at which sales, rentals, or other giveaways
of tobacco products, electronic vapor devices, electronic vapor inhalation
substances, and hookahs are made to purchasers for consumption or
use.
TOBACCO VENDING MACHINE
Any electronic or mechanical device or appliance, the operation
of which depends upon the insertion of money, whether in coin or paper
currency, or other things representative of value, that dispenses
or releases a tobacco product.
ZONING CODE
Chapter
85 of the Borough Code of the Borough of Ho-Ho-Kus, Bergen County, New Jersey, as it may be amended from time to time.