[Ord. No. 53-2014]
An electronic smoking 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,
hookah, pipe or any cartridge or other component of the device or
related product.
Any establishment, person, entity or business that sells
electronic smoking or vapor devices including, but not limited to,
an electronic cigarette, cigar, cigarillo, hookah, pipe or other smoking
or vapor device, or any cartridge or other component of the device
or related product.
[Ord. No. 53-2014]
It shall be lawful for any member of the Township Department
of Health, the Health Officer, Health Inspectors or any person acting
under and by the authority of the Township Department of Health to
enter in and upon any premises within the Township in the exercise
of the powers or in the fulfillment of its or their duties conferred
or imposed by law or township ordinance and the rules and regulations
thereunder. Any person hindering, obstructing, delaying, resisting,
preventing or interfering with such right of access shall be deemed
to violate the provisions of this article.
[Ord. No. 53-2014]
A.
It shall be unlawful for any person(s) or any corporate body to conduct
an electronic smoking or vapor device operation, as defined in 90-21
herein without first having procured a license from the Health Officer.
C.
The annual license fee to be paid for an electronic smoking or vapor device establishment shall be as provided in Chapter 75, Fees.
D.
Electronic smoking or vapor device operations are subject to periodic compliance inspections by the health department. Fees for the re-inspection of any operation which is necessitated by violations of any of the provisions set forth in this article observed during the initial inspection shall be as provided in Chapter 75, Fees.
E.
Electronic smoking or vapor device operations must be conducted inside
a place of business located within a retail zone. A license will only
authorize sales of related devices or products at the place of business
identified on the application.
F.
It shall be unlawful for the electronic smoking or vapor device operation
to allow the use or sampling of the devices or related products in
the public right of way or in an egress where pedestrians or customers
must pass that falls within the storefront occupied by the operation
or that fall in front of businesses in the same building that directly
neighbor the said operation.
[Ord. No. 53-2014]
A.
Application for an electronic smoking or vapor device operation shall
be submitted on forms to be furnished by the Health Officer. The application
shall be accompanied by the applicable license fee in cash, check
or money order.
B.
A renewal license may be applied for by a licensee for premises licensed
during the previous licensed period.
C.
Each and every applicant for a license for an electronic smoking
or vapor device operation shall set forth the following information
in writing on forms provided by the Health Officer:
(1)
The applicant's name, business name, business address, applicant's
phone number and the business's phone number.
(2)
The applicant's email address.
(3)
If the applicant is an individual, the applicant's residence address.
(4)
If the applicant is a partnership, corporation, limited liability
company, or any other type of business entity, the applicant shall
set forth the full name and residence address of each partner, member
or officer of the business entity.
(5)
If the applicant is a partnership, corporation, or limited liability
company, the applicant must submit a certificate from the State of
New Jersey that the business entity, regardless of form, is in good
standing, according to the records of the State of New Jersey.
[Ord. No. 53-2014]
A.
The granting of an electronic smoking or vapor device establishment
license shall be by the Health Officer. The Health Officer shall not
issue or renew a license until he/she has confirmed that the establishment
is in compliance with all provisions set forth within this article.
C.
The term of the license shall be for one year, commencing January
1st and expiring December 31st of each year.
[Ord. No. 53-2014; Ord. No. 2-2018]
A.
No person, either directly or indirectly by an agent or employee,
or by a vending machine owned by the person or located in the person's
establishment, shall sell, offer for sale, distribute for commercial
purposes at no cost or minimal cost or with coupons or rebate offers,
give or furnish, to a person under 21 years of age, any electronic
smoking or vapor 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, hookah,
pipe or device of another form, or any cartridge or other component
of the electronic smoking or vapor device or related products.
[Ord. No. 2-2018]
B.
An electronic smoking or vapor device operation must require proof
of age from any customer who is of the appearance of 26 years of age
or younger. Proof must come in the form of a valid government issued
photo ID.
C.
Signage must be conspicuously posted at the point of display and
at the point of sale. The sign must state the following in English
with letters no less than 1 inch in size as follows:
(1)
"A person who sells or offers to sell an electronic smoking or vapor
device, components, cartridges or related products to a person under
21 years of age shall pay a penalty of up to $1,000 and may be subject
to a license suspension or revocation. Proof of age may be required
for purchase. Those persons or establishments in violation shall be
prosecuted."
[Ord. No. 2-2018]
(2)
"Smoking, sampling or using an electronic smoking or vapor device
inside this place of business is prohibited by NJ State law. Those
establishments or individuals in violation shall be prosecuted."
D.
No electronic smoking or vapor device operation shall offer or allow
the smoking or sampling of an electronic smoking or vapor device to
anyone who is under 21 years of age.
[Ord. No. 2-2018]
[Ord. No. 53-2014]
A.
Licenses issued under this chapter may be revoked or suspended by
the Township Council, after a public hearing. Reasons for automatic
suspension or revocation of an establishment license include but are
not limited to the following:
(1)
Fraud, misrepresentation or false statement in the application for
the establishment license.
(2)
Fraud, misrepresentation or false statement made while operating
the licensed business in the Township.
(3)
Conducting the licensed business within the Township in an unlawful
manner or in such a manner as to constitute a menace to the health,
safety or general welfare of the public.
(4)
The owner and/or operator or any employee refuses to permit any duly
authorized Township Police Officer or health official to inspect the
premises or the operations therein.
(5)
Any violation of this chapter.
B.
In addition to any penalty prescribed, any license under this Chapter
is subject to revocation for violating any provision of this Chapter
or where the operation of the licensed premises is otherwise detrimental
to the preservation of the health, safety and welfare of the public.
The Township Clerk shall serve the licensee with a written complaint
setting forth specifically the grounds of the complaint along with
a notice indicating the time and place to appear before the Township
Council for a hearing. Such service shall be made by personal service
or certified and regular mail at least 10 days before the hearing
date. The Township Council after such hearing may revoke the license.
C.
Should it be determined that the conduct of the licensee is detrimental
to the health, safety and general welfare of the public, such establishment's
license may be suspended by the Health Officer or designee and the
establishment shall close until all violations are corrected. The
Health Officer may also recommend revocation of the license and suspend
the license pending the revocation hearing referred to in section
B. above. This hearing must be concluded within forty-five (45) days
of the date of the suspension and closure of the establishment.
[Ord. No. 53-2014; deleted by Ord. No. 2-2018]
