[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:
BUSINESS ENTITY
Any sole proprietorship, joint venture, partnership, limited partnership, limited liability company, corporation or any other legally formed business entity.
BUSINESS PRINCIPAL
A person who possesses an equity interest in a business entity.
MINORS
Persons under the age of 21.
PHOTOGRAPHIC IDENTIFICATION
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.
RETAIL VAPING ESTABLISHMENT
A location at which a business entity has been licensed to sell vaping products.
STATE LAW
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.
TOBACCO PRODUCTS
Any product or substance set forth in N.J.S.A. 2A:170-51.4a(1).
VAPING PRODUCTS
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. 
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. 
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. 
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. 
Sales shall be limited to vaping products only; the only exception being tobacco products may be sold should the business entity so choose.
C. 
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. 
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. 
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. 
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. 
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. 
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. 
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.