A. 
Only retail electronic smoking device establishments licensed by the Township shall sell and/or manufacture electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine.
B. 
A business which, as of the date of passage of this article, sells and/or manufactures electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine, shall obtain a license from the Township within 60 days of the passage of this article.
In addition to the requirements set forth in this article, retail electronic smoking device establishments must also comply with any and all federal, state and local laws, ordinances, rules, and regulations including, without limitation, N.J.S.A. 2A:170-51.12, and any bans on products with characterizing flavor(s).
No person shall sell, distribute, or give electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine to any person under the age of 21 years. Each retailer selling or distributing electronic smoking devices shall verify the age of the purchaser by means of valid government-issued photographic identification that contains the date of birth.
A. 
No person shall sell, distribute, or give electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine in the Township unless an employee of the establishment controls the sale of such product through direct, face-to-face exchange between the retailer and the consumer. Self-service displays and vending machines for the sale of electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine shall be prohibited.
B. 
No retail electronic smoking device establishment shall distribute, or cause to be distributed, any samples or permit sampling of electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine.
C. 
No retail electronic smoking device establishment shall use any device to mask or conceal any characterizing flavor of any electronic liquid and/or tobacco product.
D. 
A retailer of electronic liquid containers must comply with provisions of N.J.S.A. 2A:170-51.9 et seq., governing child-resistant containers, as may from time to time be amended or supplemented.
A. 
No person shall conduct, maintain, or operate a retail electronic smoking device establishment without first obtaining a license from the Township. License applications will be available from the Township Clerk.
B. 
No person shall be issued a license under this section unless they have a valid CCO (certificate of continued occupancy) or such other Township approval issued by the Township Department of Community Development.
C. 
Fees in accordance with the following schedule shall be paid annually:
Type
Fee
Retail electronic smoking device establishment license
$1,000
Manufacturer license
$2,500
D. 
Licenses issued under the provisions of this section shall last for one calendar year beginning on June 1 and expiring on May 31 of the subsequent year.
E. 
Applications for license renewal shall be submitted to the Township no less than 60 days' prior to expiration.
F. 
At the time of the initial application and any subsequent renewals, the applicant or the licensee shall:
(1) 
Disclose if they are also a manufacturer or distributor of electronic smoking devices and if that part of their business is conducted or takes place at the retail electronic smoking device establishment or another location(s).
(2) 
Provide contact information for the manufacturer or distributor or other business(es) where electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine are purchased.
G. 
Licenses shall be posted in a conspicuous location where they may be readily observed at eye level by all patrons before or immediately upon entering the establishment. No portion of the license shall be obstructed from view during display.
H. 
It shall be unlawful for any person to erase, cancel, deface, or alter a license once it has been issued by the Township.
I. 
The owner or person in charge of an establishment shall permit any Township official, inspector, or police officer who has presented proper identification to fully examine any license issued under this section.
J. 
No licenses shall be issued to itinerant establishments.
K. 
Licenses and/or permits are not transferable and are not prorated. Any establishment that changes ownership or tenancy must submit a new application and receive a new license and/or permit prior to the opening of the establishment.
The funds collected by the licensing of such establishments shall be used to fund enforcement of this article and the development and maintenance of smoking prevention and control programs established and/or administered by the Township.
A. 
The Code Enforcement Officer or any duly appointed Law Enforcement Officer shall have the right to inspect any retail electronic smoking device establishment as often as he/she deems it necessary.
B. 
All parts of the establishment shall be made accessible to the Code Enforcement Officer or any duly appointed Law Enforcement Officer.
C. 
It shall be unlawful for any licensee or his/her employee to hinder, impede, or fail to allow the Code Enforcement Officer or any duly appointed Law Enforcement Officer needing to perform an inspection access to all areas of the establishment.
A. 
Licenses issued under this article may be revoked or suspended by the Code Enforcement Officer, pending a formal hearing before the Township Council, for the following causes:
(1) 
Fraud, misrepresentation, or false statement in the application for the establishment license.
(2) 
Fraud, misrepresentation, or false statement made while operating the licensed business in the Township.
(3) 
Conducting the licensed business within the Township in an unlawful manner or in such a manner as to constitute a menace to the health, safety, or general welfare of the public.
(4) 
An existing or threatened menace to the public health as determined by the Code Enforcement Officer.
(5) 
The owner and/or operator or any employee refuses to permit, hinders, or obstructs the Code Enforcement Officer or any duly appointed Law Enforcement Officer to inspect the premises or the operations therein.
(6) 
Any establishment convicted of more than two violations in one licensing year, or having five total violations at any time, is subject to permanent license revocation.
B. 
A person, firm, corporation, or other entity whose license has been revoked shall close the establishment and request all patrons to vacate the premises.
C. 
The licensee shall be entitled to a hearing before the Township Council within a reasonable time, which is not to exceed 45 days, for the purpose of seeking reinstatement of a suspended or revoked license. Written notice of the time and place of such a hearing shall be served upon the licensee by the Code Enforcement Officer at least three days' prior to the date set for such hearing. Such notice shall contain a brief statement of the grounds to be relied upon for revoking, cancelling, or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or be deposited in the United States Post Office in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing upon such license by simultaneous regular mail and certified mail, return receipt requested.
D. 
At the hearing before the Township Council, the licensee shall have an opportunity to answer and may thereafter be heard; and upon due consideration and deliberation by the Township Council, the complaint may be dismissed; or if the Township Council concludes that the charges have been sustained and substantiated, it may deny reinstatement of the license and stipulate the conditions required for reinstatement of the license.
E. 
If any such license shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the same business within the Township, unless the application for such license shall be approved by the Township Council.
The provisions set forth under this article shall be enforced by the Code Enforcement Officer or any duly appointed Law Enforcement Officer.
Any person who violates any provision of this article shall, in addition to revocation or suspension of license under § 302-14, be subject to the following:
A. 
A fine of not less than $1,000 for the first offense;
B. 
$1,500 for the second offense; and
C. 
$2,000 for the third and each subsequent offense.
D. 
These penalties are in addition to any penalties that may be imposed, including, but not limited to, penalties imposed by N.J.S.A. 2C:33-13.1 et seq. and N.J.S.A. 2A:170-51.4.
E. 
The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
F. 
The violation of any provision of this article shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.