[Adopted 6-25-2019 by Ord. No. 31-2019]
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, an electronic cigarette, cigar, cigarillo or pipe.
LICENSE YEAR
The time period covering January 1 through December 31 of the year for which a license is issued pursuant to this article.
PERSON
An individual, partnership, cooperative, association, corporation, personal representative, receivers trustee, assignee or any other legal entity.
RETAIL ELECTRONIC SMOKING DEVICE ESTABLISHMENT
Any establishment that sells or offers for sale electronic smoking device 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 possession with intent to sell.
A. 
Effective August 1, 2019, no person shall conduct, maintain or operate an establishment that sells electronic smoking devices without first obtaining from the City of Hackensack a license to do so.
B. 
The annual fee for a license to sell an electronic smoking device shall be $1,200 and shall expire on the 31st day of December of each year, unless otherwise forfeited or revoked pursuant to this article.
C. 
The fees for all initial licenses issued to a licensee pursuant to this article shall be an amount proportionate to the number of months remaining in the license year, including the month in which the license is issued. Accordingly, for 2019, the fee for a license issued on August 1, 2019 and expiring on December 31, 2019 shall be $500.
D. 
No license is transferable by sale or otherwise.
E. 
A license issued pursuant to this article shall be posted in a conspicuous place in such establishment or, if an itinerant establishment, shall be readily available for display.
A. 
Applicants seeking to obtain a license shall file a written application with the Health Department on a form to be furnished by the City. The application must be accompanied by the correct fees as provided herein before it can be processed.
B. 
Upon receipt of the completed application and fee, the Health Department shall process the application and, if complete and all requirements are met, issue the license within 14 days. The license shall list the name and address of the establishment in addition to the effective dates of the license.
C. 
In the event the application is not complete or there is any reason to deny the application, the applicant shall be notified in writing within the fourteen-day time period.
A. 
This article shall be enforced by the Hackensack Health Officer and the Hackensack Police Department.
B. 
Any person found to be in violation of this article shall be ordered by the enforcing authority to immediately cease the sale of electronic smoking devices.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine of not less than $1,000 and not more than $2,500. No fines shall be issued for 60 days after publication of this article.