[HISTORY: Adopted by the Township Committee of the Township
of Maplewood 4-7-2020 by Ord. No. 2992-20. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any sole proprietorship, joint venture, partnership, limited
partnership, limited liability company, corporation or any other legally
formed business entity.
A person who possesses an equity interest in a business entity.
Persons under the age of 21.
A photographic driver's license issued by the New Jersey
Motor Vehicle Commission, a photographic driver's license issued
by another state or a photographic identification card issued by a
New Jersey county clerk.
A location at which a business entity has been licensed to
sell vaping products.
N.J.S.A. 2A:170-51.4, N.J.S.A. 2A:170-51.9 and N.J.S.A. 2C:33-13.1.
Any product or substance set forth in N.J.S.A. 2A:170-51.4a(1).
Any "liquid nicotine," "liquid nicotine container" and "vapor
products," all as defined in N.J.S.A. 2A:170-51.9a; and any electronic
or other device designed to permit individuals to inhale liquid nicotine
or vapor products.
A.Â
Any business entity wishing to sell vaping products shall only do
so after securing a license for a retail vaping establishment from
the Township Health Officer. Vaping products shall only be sold within
retail vaping establishments and all sales of such products are through
a direct face to face exchange between retailer and consumer. Should
a business entity wish to sell vaping products from multiple locations,
each location shall require a separate license. Licenses shall be
issued and renewed annually on December 31, for a fee of $500. Business
entities and business principals previously convicted of sales to
minors shall be denied a license.
B.Â
The Health Officer may conduct random, unannounced compliance checks
to verify that retailers are properly licensed.
Every retail vaping establishment shall comply with the following
requirements:
A.Â
It shall be located on a ground floor, and shall be at least 200
feet from any school, house of worship, child-care facility, recreational
field or park, as measured from entrance to entrance. It shall not
have direct access to an adjacent business or residence.
B.Â
Sales shall be limited to vaping products only; the only exception
being tobacco products may be sold should the business entity so choose.
C.Â
Every entrance door shall have a sign posted at eye-level height
which reads, "Entrance prohibited by those under the age of 21." Said
sign shall be securely fastened to an entrance door and consist of
letters with a font size of 48 or greater and the sign shall be in
color as designated by the Township Health Officer.
D.Â
Any youthful-appearing person who may enter a retail vaping establishment
shall promptly be required to produce photographic identification.
Any person who fails to produce such identification shall promptly
be escorted from the retail vaping establishment. Before concluding
a vaping product sale, every purchaser shall produce photographic
identification.
E.Â
All employees of a retail vaping establishment shall be at least
the age of 21. Before an employee engages in the sale of vaping products
a business principal shall first submit a certification on a form
provided by the Township Health Officer that the employee was instructed
with respect to requirements of this chapter and all New Jersey statutes
and regulations concerning the sale of vaping products.
F.Â
Vaping products shall not be displayed in storefront windows and
shall be displayed and stored within retail vaping establishments
so that they are not accessible to customers. Vaping products shall
not be dispensed from vending machines.
A.Â
Any violation of this chapter and/or state law shall subject the
licensed business entity, business principal and employee to a summons
before the Maplewood Municipal Court. Licensed business entities shall
also be held responsible for violations by business principals and
employees. Such summons shall be issued by the Township Health Officer
or any Maplewood police officer.
B.Â
Conviction for failure to request photographic identification when
required shall subject licensed business entities, business principals
and employees to a fine of $1,000. Conviction for the sale of vaping
products to minors shall subject licensed business entities, business
principals and employees to both civil and criminal penalties pursuant
to state law. All other violations of this chapter shall subject a
licensed business entity to a fine of $500 for the first offense and
$1,000 for each additional offense.
C.Â
Upon a second conviction of a violation of this chapter and/or state
law, the Township Health Officer shall revoke a license. The licensed
business entity may appeal the revocation to the Township Business
Administrator. The Administrator shall conduct an audio recorded hearing
within 30 days of the revocation, unless the licensed business entity
requests a later date, but in no event later than 90 days. The licensed
business entity may be represented by legal counsel and may, at its
expense, choose to have a written record of the hearing by a licensed
court reporter. The decision of the Administrator shall be final.