A.
The intent
of this chapter is to protect the public health and welfare by regulating
smoking in public places and to strike a reasonable balance between
the desires of persons who smoke and the need of nonsmokers to breathe
smoke-free air, and to recognize that, where these conflict, the need
to breathe smoke-free air shall take precedence.
B.
The purpose
of this chapter is also to license establishments that sell electronic
smoking devices and related products. This license will help the Town
of Secaucus to ensure compliance with state law that bans the sale,
furnishing or giving of tobacco products and electronic smoking devices
to persons under age 21, and in accordance with N.J.S.A. 2A:170-51.9
et seq., which requires child-resistant packaging of refills for these
devices. The funds collected by licensing of such establishments shall
be used to fund the development and maintenance of programs related
to tobacco cessation, prevention, and control as may be established
and/or administered by the Secaucus Health Department.
[Added 12-16-2019 by Ord. No. BH2019-1]
[Amended 12-16-2019 by Ord. No. BH2019-1]
For the purpose of the chapter, the following terms, phrases,
words, and their derivations shall have the meaning stated herein
unless their use in the text of this chapter clearly demonstrates
different meaning. When not inconsistent with the context, words used
in the plural number shall include the singular number, and words
used in the singular number include the plural number. The word "
shall" is always mandatory and not merely directory.
Any sole proprietorship, partnership, joint venture, corporation
or other business entity formed for profit-making purposes, including
retail establishments where goods or services are sold, as well as
professional corporations and other entities under which professional
services are delivered.
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, or any cartridge, refill or other component of
the device or related product, including but not limited to refills
such as liquids, gels, waxes, and powders.
Any person who is employed by any employer for direct or
indirect monetary wages or profit, including those employed full time,
part time, temporary or contracted for from a third party; employee
also means any person who serves as a volunteer for a business or
nonprofit entity.
Any person, business, or nonprofit which employs the services
of one or more persons, and includes the Town of Secaucus.
Closed in by a roof and four or more connected, floor-to-ceiling
walls with appropriate openings for ingress and egress.
The time period covering January 1 through December 31 of
the year for which the license is issued pursuant to this chapter.
Any enclosed public walkway or hall area which serves to
connect retail or professional establishments.
Any enclosed area under the control of an employer which
employees normally frequent during the course of employment.
Any enclosed area to which the public is invited or in which
the public is permitted.
An establishment in which the principal business is the sale
of food for consumption on the premises.
Any establishment that sells, distributes, gives or offers
for sale electronic smoking devices designed for consumption through
inhalation.
Delivery of an electronic smoking device, 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, distribute or give.
Any indoor line at which one or more persons are waiting
for or receiving service of any kind, whether or not such service
involves the exchange of money.
Inhaling, exhaling, burning or carrying any lighted cigarette,
cigar, pipe, weed, plant or other combustible substance or any electronic
smoking device in any manner or in any form.
Any area of a place of employment enclosed by floor to ceiling
walls in which two or more employees are assigned to perform work
for an employer.
This chapter shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable laws.
If any provision, clause, sentence or paragraph of this chapter
or the application thereof to any person or circumstances shall be
held invalid, such invalidity shall not affect the other provisions
of this chapter which can be given effect without the invalid provision
or application, and to this end the provisions of this chapter are
declared to be severable.
