[Adopted 2-19-2019 by Ord. No. 2019-01]
The purpose of this article is to establish licensing requirements for establishments that sell electronic smoking devices. The funds collected through licensure of such establishments may be used to fund the development and maintenance of a tobacco age of sale enforcement program and other smoking cessation, prevention and control programs as may be established by the West Windsor Township Health Department.
As used in this article, the following terms shall have the meanings indicated:
- 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, electronic cigarette, cigar, cigarillo or pipe, or any cartridge or other component of the device or related product, including but not limited to any substances used in such devices, such as liquids or powders.
- An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
- RETAIL ELECTRONIC SMOKING DEVICE ESTABLISHMENT
- A physical establishment, duly licensed by the Board of Health, that sells, offers for sale, gives, distributes or furnishes electronic smoking devices designed for consumption through inhalation.
- The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
- VAPOR/VAPE SHOP
- Is a retailer that either devotes 25% or more of the floor area or display area to, or derives 75% or more of gross sales receipts from, the sale of electronic smoking devices and/or related products.
No person shall conduct, maintain or operate a retail electronic smoking device establishment that sells, offers for sale at any cost or no cost, distributes or furnishes electronic smoking devices, or any cartridge or other component of the device or related product without first obtaining a license to do so.
No itinerant establishments or vendors shall be permitted to obtain an electronic smoking device establishment license.
Applications for licenses shall be submitted, together with the fee established in Chapter 82, Fees, as follows:
Applications shall be submitted not less than 30 days prior to the proposed date of commencement of operations.
All licenses issued for electronic smoking device establishments shall expire on January 1 of the year following which they were issued or upon transfer of ownership or operation of the licensed premises, whichever comes first.
Applications for renewals of annual licenses shall be submitted on or before December 1 of each year preceding the year for which the application is made.
No person shall sell or offer for sale at any cost or no cost, distribute or furnish electronic smoking devices or any cartridge or other component of the device or related product to any person under the age of 21 years.
Licensed retail electronic smoking device establishments shall conspicuously post signs having a minimum size of six inches by eight inches where EDS and related products are displayed and at all points of sale notifying customers that proof of age is required to purchase such products.
No person or retailer selling electronic smoking devices shall allow an employee to sell or distribute such products until the person has read the local ordinances and state laws pertaining to the sale and distribution of ESDs and has signed a statement of understanding form that they have read and understand such ordinance and laws. A list of applicable regulations and a statement of understanding form shall be provided to the establishment owner/representative by the West Windsor Health Department. The signed statement of understanding form for each separate employee shall be maintained by the owner on the premises for a minimum of one year following the employee's termination of employment.
The establishment shall post the license in a conspicuous place in such establishment.
As a condition prior to the issuance of a license or renewal of any such license, the applicant or licensee shall be required to establish, by written documentation, that the person in charge of the retail ESD establishment has established an employee training policy.
Smoking, vaping, consuming or otherwise sampling electronic delivery devices or refill products is prohibited within a facility licensed as retail electronic smoking device establishment.
The sale of any electronic smoking device refill, including but not limited to any and all liquids, gels, wax or powders, and whether or not such refill contains nicotine, that is intended for human consumption and 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.
License holders can only do in-person sales of ESD at their retail electronic smoking device establishment. There shall be no sales at nonregistered retail locations or mobile locations, including, but not limited to, street fairs, local fairs, festivals or similar events.
Vapor/vape shops shall be prohibited from obtaining a license to operate retail electronic smoking device establishments in this municipality.
The provisions of this article shall be enforced by the Health Officer, Chief of Police and/or their designees. Additional municipal officials may be appointed as enforcement agents by the Business Administrator as deemed necessary.
Any person found to be selling or offering electronic smoking devices or product without a valid license issued by the Health Department shall cease activity immediately upon receipt of written order by the enforcement official.
Any person(s) who is found to be in violation of the provisions of this article shall, upon conviction, pay a fine of $250 for the first violation, $500 for the second violation, and $1,000 for third and each subsequent violation. Each violation, and every day in which a violation occurs, shall constitute a separate violation. No fines shall be issued for 60 days after publication of this article.
The foregoing civil penalties are in addition to any penalties that may be imposed under N.J.S.A. 2A: 170-51, et seq. and N.J.S.A. 2C:33-13.1, et seq.
The defenses enumerated in N.J.S.A. 2A:170-51,4b and N.J.S.A. 2C:33-13.1b shall constitute defenses to any prosecution brought pursuant to this article.
Civilian complaints may be filed in Municipal Court against violators of this article.