[Adopted 9-12-16 by Ord. No. 16-15]
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.
RETAIL ELECTRONIC SMOKING DEVICE ESTABLISHMENT
Any establishment that sells or offers for sale electronic smoking devices and/or products 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 the exchange, barter, traffic in, keeping and exposing for sale, displaying for sale, delivering for value, peddling and possessing with intent to sell.
[Amended 10-14-2019 by Ord. No. 19-26]
No person shall operate a retail electronic smoking device establishment in the Township of East Brunswick without having first obtained a license from the Clerk and having paid the required license fee. The fee for a retail electronic smoking device establishment shall be $1,500 for an initial license and $1,000 per year thereafter. Licenses are required on an annual basis, to be valid from January 1 and expire automatically on December 31 of each year.
The license application shall contain the information required by § 135-2. The Township Clerk shall issue the license upon the completion of all of the requirements of the application and the payment of the required fees.
The municipal officers and/or agencies designated to enforce the provisions of this article in accordance with due process of law are the East Brunswick Police Department, and the East Brunswick Township Zoning and Code Enforcement Officer, where applicable.
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not to exceed $1,000 or by imprisonment for a term not to exceed 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.