The purpose of this section is to protect the public's
health and general welfare by licensing and regulating establishments
that sell electronic smoking devices.
As used in this chapter, the following words shall be defined
as follows:
Any sole proprietorship, partnership, joint venture, corporation,
association, or other entity formed for profit-making purposes.
A distinguishable flavor, taste, or aroma, including, but
not limited to, any fruit, candy, menthol, mint, chocolate, vanilla,
honey, cocoa, wintergreen, dessert, alcoholic beverage, herb, or spice
flavoring, that is imparted prior to or during consumption by an electronic
smoking device, tobacco product, or other related product, including
electronic liquid, or any smoke, aerosol, or vapor emanating from
that device or product. An electronic smoking device, any cartridge,
or other component of the device or other related product, including
liquid nicotine, shall be deemed to have a characterizing flavor if
the device, cartridge, component, or related product is advertised
or marketed as having or producing any such distinguishable flavor,
taste or aroma. No tobacco product shall be determined to have a characterizing
flavor solely because of the use of additives or flavorings or the
provision of ingredient information.
A machine capable of dispensing either tobacco product or
electronic smoking devices, or both, when a coin, bill, or token is
inserted, or a credit card or means of electronic payment is processed.
The Township Code Enforcement Official and his/her authorized
designee(s).
Any software or assembly of materials intended or reasonably
expected to alter or affect the electronic smoking device's performance,
composition, characteristics, and ingredients.
Perceivable by either the sense of smell or taste.
Ingredients, liquids, gels, oil(s), waxes and powders, including,
but not limited to, those which may contain nicotine and THC, and
which may be aerosolized or vaporized when using an electronic smoking
device.
A device that can be used to deliver aerosolized or vaporized
nicotine to the person inhaling from the device, including, but not
limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.
"Electronic smoking device" includes any component, part, or accessory
of such a device, whether or not sold separately, and includes any
substance intended to be aerosolized or vaporized during the use of
the device.
Any person who is employed or retained as an independent
contractor by any employer in consideration for direct or indirect
monetary wages or profit, or any person who volunteers his or her
services for an employer.
Any business or nonprofit entity that retains the service
of one or more employees.
A temporary or permanent business operated from a truck,
cart, other vehicle, hand-carried portable container or device, or
mobile platform or unit.
Any member of the Howell Township Police Department.
A calendar year beginning on June 1 and ending on May 31
of the subsequent year.
Any solution containing nicotine, which is designed or sold
for use with an electronic smoking device.
A bottle or other container of a liquid, wax, oil, or gel,
or other substance containing nicotine, where the liquid or other
contained substance is sold, marketed, or intended for use in an electronic
smoking device. "Liquid nicotine container" does not include a liquid
or other substance containing nicotine in a cartridge that is sold,
marketed or intended for use in an electronic smoking device, provided
that such cartridge is prefilled and sealed by the manufacturer, with
the seal remaining permanently intact through retail purchase and
use; is only disposable and is not refillable; and is not intended
to be opened by the consumer.
Any person, including any repacker and/or relabeler, who
compounds, modifies, mixes, manufactures, fabricates, assembles, processes,
labels, repacks, relabels or imports electronic smoking devices or
electronic liquid.
All structures owned and/or operated by the Township and/or
occupied by Township employees and used for the conduct of official
business of the Township.
The chemical substance nicotine, whether derived from the
natural tobacco leaf or synthesized in a laboratory. "Nicotine" shall
also include any synthesized chemical designed to mimic the effects
of nicotine derived from the natural tobacco leaf, without regard
to the bioavailability of the chemical. The inclusion of synthesized
nicotine in liquid nicotine shall create a rebuttable presumption
that its inclusion was intended to mimic nicotine found in natural
tobacco leaf.
Any entity that meets Internal Revenue Service (IRS) Internal
Revenue Code Section 501(c)(3) as well as any other entity created
for charitable, religious, philanthropic, educational, political,
social or similar purposes, the net proceeds of which are committed
to the promotion of the objectives or purposes of the entity and not
to private gain.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee, or any other
legal entity.
Any establishment that sells, distributes, gives, offers,
or manufactures electronic smoking devices, components or parts, electronic
liquid, and/or liquid nicotine. If a retail electronic smoking device
establishment also engages in the sale of tobacco products, it shall
also qualify as a tobacco retailer, and be subject to all federal,
state and local laws applicable to tobacco retailers.
Every delivery of an electronic smoking device, tobacco product,
or nicotine, whether the same is by direct sale or the solicitation
or acceptance of an order, including the exchange, barter, keeping
and exposing for sale, delivering for value, peddling and possession
with intent to sell, distribute, or give.
A display or display shelves designed for the customer to
serve oneself without the aid of a sales clerk and where the customer
is required to pay the cashier upon leaving.
Inhaling, exhaling, burning, or carrying any lighted or heated
cigar, cigarette, or pipe, or any other lighted or heated tobacco,
nicotine, or plant product intended for inhalation, including hookah,
marijuana, or cannabis, whether natural or synthetic. Smoking also
includes the use of an electronic smoking device.
Any product that is made from or derived from tobacco, or
that contains nicotine, that is intended for human consumption or
is likely to be consumed, whether smoked, heated, chewed, absorbed,
dissolved, inhaled or ingested by any other means, including, but
not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco,
snuff, snus, or oral nicotine products. "Tobacco product" also means
electronic smoking devices and any component or accessory used in
the consumption of a tobacco product, such as filters, rolling papers,
pipes, and substances used in electronic smoking devices, whether
or not they contain nicotine.
Any person or entity that operates a store, stand, booth,
concession, or place at which sales of tobacco product are made to
purchasers for consumption or use, and shall also mean a person or
entity that owns or operates tobacco product vending machines. If
a tobacco retailer also sells, distributes, gives, offers, or manufactures
electronic smoking devices, components or parts, electronic liquid,
and/or liquid nicotine, it shall also qualify as a retail electronic
smoking device establishment, and be subject to all federal, state
and local laws applicable to retail electronic smoking device establishment.
The Township of Howell.
All parks and recreational facilities, including all public
parks and recreation facilities, athletic fields, playgrounds, pool
facilities, and other recreational facilities owned and operated by
the Township upon which the public is invited or upon which the public
is permitted and where individuals gather for recreational and leisure
activities, including all areas adjacent to such facilities, including
but not limited to any parking areas, driveways, drive aisles, and
walkways.
