Editor's Note: Prior ordinance history includes Ordinance
Nos. 94-4, 95-3, 96-2.
[Ord. No. BH2017-02]
The Montgomery Township Board of Health hereby finds and determines
as follows:
a.
The Surgeon General of the United States has found that tobacco,
nicotine and electronic smoking devices pose danger to health and
wellbeing, and are unsafe. The Surgeon General of the United States
has found that most adult smokers started smoking when they were adolescents.
Further, the Surgeon General has found that electronic smoking devices
pose a significant health risk for youth.
b.
Community-wide efforts that include use-prevention, mass media campaigns
and enforcement of minors' access laws are successful in reducing
adolescent use of tobacco and electronic smoking devices.
c.
The State of New Jersey has banned the sale or furnishing of cigarettes,
electronic smoking devices, or tobacco in any form to any individual
under the age of 21 pursuant to N.J.S.A. 2A:170-51.1 et seq.
d.
In order to ensure that electronic smoking devices are not being
sold to under-age individuals, the Board of Health deems it appropriate
to license the establishments where these products are sold.
e.
The licensing by local authorities of establishments that sell electronic
smoking devices is permitted by the State of New Jersey.
f.
By virtue of the powers granted to it by the N.J.S.A. 26:3-2 et seq.,
the Board of Health of the Township of Montgomery is authorized to
enact ordinances consistent with the laws of the State of New Jersey
as it may deem necessary and proper for the protection of persons
and for the preservation of the public health, safety and welfare
of the Township and its inhabitants.
[Ord. No. BH2017-02]
Shall mean the Montgomery Township Board of Health.
Shall mean 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.
Shall mean (1) the Montgomery Township Health Officer and/or
authorized representative; or (2) any Montgomery Township Police Officer.
Shall mean the Montgomery Township Health Department and
may be referred to in this chapter as the "Department."
Shall mean the Administrative Officer of the Montgomery Township
Health Department, and/or authorized representative.
Shall mean any product that is designed to deliver nicotine
or vapor, including, but not limited to, what are commonly known as
"e-cigarettes" or other types of electronic smoking devices, or any
cartridge or other component of such device, or related products including
but not limited to any substances used in such devices, such as liquids
or powders or other forms of tobacco, but excluding United States
Food and Drug Administration approved nicotine patches or nicotine
chewing gum.
Shall mean an individual, partnership, cooperative, association,
corporation, personal representative, receiver, trustee, assignee,
or any other legal entity.
Shall mean 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.
Shall mean any product made from the tobacco plant for the
purpose of smoking, chewing, inhaling and other personal use, including
cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any
form.
Shall mean any person or entity that operates a store, stand,
booth, concession or place at which sales of tobacco are made to purchasers
for consumption or use.
[Ord. No. BH2017-02]
Any person selling tobacco, nicotine delivery products or electronic
smoking devices shall verify by means of government-issued photographic
identification containing the bearer's date of birth that no person
purchasing the tobacco, nicotine containing products or electronic
smoking device is younger than 21 years of age. No person shall sell
tobacco, nicotine delivery products or electronic smoking devices
to a person less than 21 years of age based on a note or any form
of communication from any person.
[Ord. No. BH2017-02]
No person or retail electronic smoking device establishment
engaged or involved in the sale of electronic smoking devices, nicotine
delivery products or tobacco products shall allow, suffer or permit
any person under the age of 21 to be involved in the sale or furnishing
of tobacco products.
[Ord. No. BH2017-02]
Self-service displays for electronic smoking devices, nicotine
delivery products or tobacco products are prohibited in the Township
of Montgomery.
[Ord. No. BH2017-02]
a.
No person shall conduct, maintain or operate a retail electronic
smoking device establishment without first obtaining from the Montgomery
Board of Health a license to do so.
b.
No itinerant establishments or vendors shall be permitted to obtain
an electronic smoking device establishment license.
c.
The fees collected for the license shall be used to fund the administration
of this chapter, and the development and maintenance of a Board of
Health age of sale enforcement program and other smoking cessation,
prevention and control programs. Fees in accordance with the following
schedule shall be paid before any license required in this chapter
shall be issued:
1.
Annual electronic smoking device establishment license fee: $600
for the initial annual license and $300 per year for each renewal
license thereafter.
License fees will not be prorated for periods of fewer than
12 months.
d.
Licenses issued under the provisions of this chapter, unless forfeited
to or revoked by the Board of Health, shall expire annually on the
31st day of January each year or whenever the licensed establishment
is no longer operating as a retail electronic smoking device establishment,
whichever occurs first. Renewal applications are to be filed on or
before January 31 each year.
e.
No license is transferrable by sale or otherwise; a license is valid
only for the specific premises and retail electronic smoking device
establishment listed thereon.
f.
Such license shall be posted in a conspicuous place in the retail
electronic smoking device establishment.
g.
All licensing fees shall be paid to the Township of Montgomery.
[Ord. No. BH2017-02]
a.
Licensed retail electronic smoking device establishments shall conspicuously
post and reasonably maintain signs having a minimum size of six inches
by eight inches where electronic smoking devices are displayed and
at all check-out counters notifying customers that proof of age is
required to purchase such products.
b.
No person or retailer selling tobacco, nicotine delivery products
or electronic smoking devices shall allow an employee to sell or distribute
such products until the employee receives Health Department approved
training on this chapter of the Montgomery Board of Health Code, and
has signed a statement that the employee understands such Code. Copies
of the relevant code and the form statements will be supplied by the
Health Department and the signed original statement shall be filed
with the Health Department and a copy shall be kept on file by the
retailer and made available for review by the Health Officer or designee.
[Ord. No. BH2017-02]
a.
Whenever the Enforcement Officer or designee reasonably believes
there exists a violation of this chapter, such Officer or designee
may issue a summons and complaint not later than 90 days after discovery
of the alleged violation. The complaint shall be written and shall
state with reasonable particularity the nature of the violation, including
reference to the section of this chapter alleged to have been violated.
The complaint shall be hand delivered or sent by certified mail to
the alleged violator.
b.
The Enforcement Officer or designee, or any other person charged
with enforcement of this chapter, after giving proper identification,
may inspect any matter, thing, premises, place, person, record, vehicle,
incident, or event as necessary.
c.
It shall be unlawful for any person to molest or otherwise obstruct
the Enforcement Officer or designee in the performance of duties under
this chapter, and such Enforcement Officer or designee may request
the assistance of the Montgomery Township Police Department or other
peace officer when necessary to execute official duties in a manner
prescribed by law.
d.
Citizens may bring complaints against violators of this chapter.
[Ord. No. BH2017-02]
a.
If any section or subsection of this chapter is declared to be unconstitutional,
invalid or inoperative, in whole or in part, by a court of competent
jurisdiction, such section or subsection shall, to the extent that
it is not unconstitutional, invalid or inoperative, remain in full
force and effect, and no such determination shall be deemed to invalidate
the remaining sections or subsections of this chapter.
b.
This chapter shall be liberally construed for the protection of the
health, safety, and welfare of the people of Montgomery Township.
[Ord. No. BH2017-02]
a.
Any person who shall violate the provisions of this chapter shall,
upon conviction, be liable for a civil penalty of $250 for the first
violation, $500 for the second violation and $1,000 for the third
and each subsequent violation. In addition, upon the recommendation
of the Board of Health, following a hearing by the Board of Health,
the Health Department may suspend, or after a subsequent violation,
revoke, the license of a retail electronic smoking device establishment
issued under this ordinance.
b.
The Board of Health may suspend the retail electronic smoking device
establishment license of any person convicted of a violation of this
chapter for a period of not more than three days, pursuant to the
authority of the Board of Health to license and regulate retail electronic
smoking device establishments as provided by this chapter. A suspension
may be imposed for each separate violation.
