[Amended 12-16-2019 by Ord. No. BH2019-1]
Any smoking in workplaces and places of public accommodation
and associated signage shall be in accordance with applicable federal
and state laws, including, but not limited to, the New Jersey Smoke
Free Air Act, N.J.S.A. 2A:170-51.4 et seq., N.J.S.A. 2C:33-13.1 et
seq., and any amendments to such.
No person or employer shall discharge, refuse to hire, or in
any manner retaliate against any employee or applicant for employment
because such employee or applicant exercises any rights to a smoke-free
workplace afforded by this chapter or applicable regulations.
[Amended 6-28-2022 by Ord. No. 2022-15]
A.
No person
shall conduct, maintain or operate a retail electronic smoking device
establishment that sells, distributes, or gives electronic smoking
devices without first obtaining from the Secaucus Health Department
a written license approved to do so. No more than eleven (11) licenses
may be issued to operate a retail electronic smoking device establishment
within the boundaries of the Town of Secaucus.
[Amended 12-13-2022 by Ord. No. 2022-32]
B.
Fees in
accordance with the following schedule shall be paid before any license
required in this article shall be issued:
(1)
Electronic
smoking device establishment license: $1,200.
C.
Renewal.
Licenses issued under the provisions of this article, unless forfeited
or revoked by the Secaucus Health Department, shall expire annually
on the 31st of December. In order to continue selling electronic smoking
device(s), each establishment shall apply for a renewal of their license
for each retail location, and the annual license renewal fee shall
be $1,000 per retail electronic smoking device establishment location,
payable no later than January 31 of the year following renewal. If
a renewal application and payment are not received by January 31,
the Seacaucus Department of Health has right to deem the license forfeited.
[Amended 12-13-2022 by Ord. No. 2022-32]
(1)
New applications. Applications for new licenses will be accepted on a rolling basis, however if the maximum number of licenses to operate a retail electronic smoking device establishment established in § 141-7A is met, new applications will be held in the order received for the calendar year in which received. The list shall expire annually on the 31st of December.
D.
Inspections.
(1)
The
Board of Health, through its proper representatives, shall inspect,
upon initial application and as often as deemed necessary, every retail
electronic smoking device establishment in the Town of Secaucus. The
person operating a retail electronic smoking device establishment
shall permit the Board of Health Inspector reasonable access to all
parts of such establishment necessary for the purpose of conducting
such inspection.
(2)
Any
retail electronic smoking device establishment which, upon initial
inspection is rated "conditionally satisfactory" or "unsatisfactory"
shall be subject to a reinspection fee of $200. One follow-up inspection
after the initial application inspection may be done for a minor violation
or correction without a fee at the sole discretion of the Board of
Health Inspector. Subsequent reinspection(s) deemed necessary by the
Health Inspector shall be at a fee of $200 per inspection. Failure
to pay said fee prior to the reinspection date established by the
Department constitutes a violation of this chapter.
E.
At the
time of the initial application, any subsequent renewal or at the
discretion of the Secaucus Health Department, license holders shall:
(1)
Disclose
if they are also a manufacturer, wholesaler and/or distributor of
electronic smoking devices as defined above (which includes related
products, components, refills, etc.), and if that part of their business
is conducted or takes place at the same location as the retail electronic
smoking device establishment or at another location(s) as noted in
the initial application or subsequent renewals. If such business takes
place at a different address(es) in the Town of Secaucus, the said
retail electronic smoking device establishment shall disclose such
address(es) in the Town of Secaucus.
(2)
Provide
any and all contact information, including but not limited to company
name, company contact name, address, phone, website and email, regarding
any kind and all sources of the electronic smoking devices for sale
or distribution. This includes but is not limited to information regarding
any and all electronic smoking devices suppliers, manufacturers, wholesalers,
distributors, etc., including those based in the Town of Secaucus.
F.
No license
is transferable by sale or otherwise.
G.
Such license
shall be posted in a conspicuous place in such establishment. No itinerant
establishments shall be permitted to obtain an electronic smoking
device establishment license.
H.
All licensing
fees shall be paid to the Town of Secaucus to offset budget appropriations
in connection with education and enforcement of this chapter and/or
the State of New Jersey's Tobacco Age of Sale Inspection Program.
[Added 12-13-2022 by Ord. No. 2022-32]
A.
No such
license shall be issued to or renewed for any person who has a disqualifying
violation, nor shall any such license be issued to any corporation
or limited liability corporation in which any stockholders/members
holding 5% or more of any of the stock thereof or in which any director,
officer or member shall have a disqualifying violation. A license
applicant may request a waiver of this bar by submitting a letter
with an explanation of the disqualifying violations and how they have
been remedied, along with any supporting documentation. The Board
of Health shall have the authority to grant such a waiver after reviewing
the applicant's request, if they determine that the disqualifying
violations have been remedied, are unlikely to recur, and denial of
a license would be contrary to the interests of the Town and would
cause undue hardship to the applicant.
B.
Suspension
or revocation of a license may occur at any time in the discretion
of the Secaucus Health Department for a disqualifying violation, provided
that said licensee shall be afforded a hearing before the Town Administrator
and reasonable notice of such hearing provided prior to such suspension
or revocation.
(1)
Notice
of the hearing for suspension or revocation of a license shall be
given in writing, setting forth specifically the grounds of complaint
and the time and place of hearing. Such notice shall be given personally
or mailed to the licensee at their last known address at least five
(5) days prior to the date set for such hearing.
(2)
A
licensee may appeal any decision of the Town Administrator to the
Board of Health by the filing of a written notice to appeal within
seven (7) days of the Town Administrator's decision. The Board of
Health shall hear such appeal within ten (10) days of the notice to
appeal by the applicant. An appeal to the Board of Health shall stay
a suspension or revocation. The Board of Health shall affirm, reverse,
modify or remand back to the Town Administrator such decision, to
the licensee within fifteen (15) days of such hearing.
C.
Convictions,
negative findings or findings of liability shall qualify as disqualifying
violations for the purposes of this chapter:
(1)
A
violation of health and safety laws or codes, including, but not limited
to, building safety, fire safety, and health codes which occurred
within the past three years.
(2)
A
violation of labor laws or codes which occurred within the past three
years.
(3)
A
violation of laws or codes pertaining to tobacco products, electronic
smoking device, Smoke Free Air Act or medicinal or recreational cannabis
which occurred within the past three years.
A.
No person
shall sell, distribute, or give electronic smoking devices in the
Town of Secaucus unless an employee of the establishment controls
the sale of such products. A person may only sell electronic smoking
devices in a direct, face-to-face exchange between the retailer and
the consumer. Self-service displays and vending machines of electronic
smoking devices shall be prohibited.
B.
No person
shall sell, distribute or give electronic smoking devices to any person
under the age of 21 years.
C.
No retail
electronic smoking device establishment shall allow the retailer,
employee, or any other person to sell, distribute, or give such products
until the retailer, employee, or other person has read the Secaucus
ordinances and state laws pertaining to the sale of electronic smoking
devices and has signed a statement that they have read such ordinances
and state laws. Such form statement will be supplied by the Secaucus
Health Department and all signed original statements shall always
be kept on file by the retail electronic smoking device establishment
and made immediately available for review by the Health Department.
All retail electronic smoking device establishments shall be in compliance
with this provision by the effective date.
D.
The sale
of any electronic smoking device refill, including, but not limited
to, any and all liquids, gels, wax, or powders, and whether or not
such refill contains nicotine, that is intended for human consumption
and is not contained in packaging that is child-resistant is prohibited
as set forth in N.J.S.A. 2A:170-51.9 et seq.
E.
Container
e-liquid shall not be sold at retail in the Town of Secaucus except
by a licensed vapor business pursuant to N.J.S.A. 54:40B-3.3 and in
compliance with any other applicable regulations.
F.
License
holders can only do in-person marketing and sales of electronic smoking
device establishment. There shall be no cross marketing or sales at
nonregistered retail location and mobile locations, including, but
not limited to, street fairs, local fairs, festivals, etc.
