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.
BUSINESS
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.
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, 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.
EMPLOYEE
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.
EMPLOYER
Any person, business, or nonprofit which employs the services of one or more persons, and includes the Town of Secaucus.
ENCLOSED
Closed in by a roof and four or more connected, floor-to-ceiling walls with appropriate openings for ingress and egress.
LICENSE YEAR
The time period covering January 1 through December 31 of the year for which the license is issued pursuant to this chapter.
MALL
Any enclosed public walkway or hall area which serves to connect retail or professional establishments.
PLACE OF EMPLOYMENT
Any enclosed area under the control of an employer which employees normally frequent during the course of employment.
PUBLIC PLACE
Any enclosed area to which the public is invited or in which the public is permitted.
RESTAURANT
An establishment in which the principal business is the sale of food for consumption on the premises.
RETAIL ELECTRONIC SMOKING DEVICE ESTABLISHMENT
Any establishment that sells, distributes, gives or offers for sale electronic smoking devices designed for consumption through inhalation.
SALE
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.
SERVICE LINE
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.
SMOKING
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.
WORK AREA or WORKPLACE
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.
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.