[Adopted 8-21-2023 by Ord. No. 2023-3380]
This article shall govern the licensing and regulation of smoke
and vape shops and the sale of smoking devices and paraphernalia.
The purpose of this article is to protect the public's
health and general welfare by licensing and regulating preexisting
smoke and vape shops, the retail sale of smoking devices and paraphernalia,
and to ensure that smoking devices and paraphernalia are not sold
to minors.
As used in this article, the following terms shall have the
meanings indicated:
An electronic device that can be used to deliver an inhaled
dose of nicotine, or other substances, including any component, part,
or accessory of such a device, whether or not sold separately. "Electronic
smoking device" includes any such device, whether manufactured, distributed,
marketed, or sold as an electronic cigarette, an electronic cigar,
an electronic cigarillo, an electronic pipe, an electronic hookah,
or any other product name or descriptor.
A calendar year commencing on January 1 and ending on December
31.
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.
A location at which a business entity has been licensed to
sell smoking devices and paraphernalia as an ancillary sale.
Every delivery of smoking devices and paraphernalia, whether
the same is by direct sale or the solicitation or acceptance of an
order, including the exchange, barter, traffic in, keeping and exposing
for sale, displaying for sale, delivering for value, peddling and
possessing with intent to sell.
Any premises dedicated as a principal business to display,
sale, distribution, delivery, offering, furnishing, or marketing of
tobacco, tobacco products, or tobacco paraphernalia, including an
area for smoking tobacco products. An area for smoking shall mean
inhaling or exhaling of smoke.
Cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers,
electronic smoking device batteries, electronic smoking device chargers,
bongs, pipes, and any other item specifically designed for the preparation,
charging, or use of electronic smoking devices. This definition does
not apply to tobacco products and products intended for use with tobacco
such as rolling papers.
Any premises dedicated as a principal business to display,
sale, distribution, delivery, offering, furnishing, or marketing of
electronic smoking devices, liquid nicotine containers or vapor product
as defined by N.J.S.A. 26:3D-57, N.J.S.A. 2A:170-51.9(a)(2), N.J.S.A.
2A:170-51.9(a)(3) and N.J.S.A. 2A:170-51.9(a)(4), including an area
for vaping. An "area for vaping" shall mean inhaling or exhaling smoke
or vapor from any electronic smoking device.
A.
No person and/or entity shall conduct, maintain or operate a smoke
shop or vape shop without first obtaining a license from the Township.
License applications will be available from the Township Health Officer.
B.
No business shall sell smoking devices and/or paraphernalia without
first obtaining a license as a retail vaping and smoking establishment
from the Township. License applications will be available from the
Township Health Officer.
C.
No person and/or entity shall be issued a license under this section
if they are unable to pass a criminal background check.
The initial application and all subsequent renewals shall include
the following information:
A.
Name and contact information of the owner. If the applicant is a
corporation or a partnership, then the names and addresses of each
individual holding 10% or more interest in the corporation or partnership
shall be provided.
B.
Address of the smoke shop and/or vape shop.
C.
Address of business establishment applying as a retail vaping establishment.
D.
Identify if they are retailers and/or manufacturers of electronic
smoking devices.
E.
Provide a general inventory list of smoking devices and paraphernalia.
A.
All licenses issued shall be posted in a visible location that can
be viewed by all patrons entering the establishment.
B.
Every entrance door of a smoke or vape shop shall have a sign, minimum
size of 8 1/2 inches by 11 inches, 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 inches or greater and the sign shall
be in color as designated by the Township Health Officer.
C.
There shall be no other signs or signage visible from the exterior
advertising any products, sales or promotions, other than signs depicting
the name of the business, in accordance with applicable Township sign
regulations.
D.
Anyone intending to purchase upon entering a smoke or vape shop shall
promptly be required to produce photographic identification. Any person
who fails to produce such identification shall promptly be escorted
from the smoke or vape shop. Before concluding an smoking device and/or
paraphernalia sale, every purchaser shall produce photographic identification.
E.
All employees of a smoke or vape shop shall be at least the age of
21. Before an employee engages in the sale of electronic smoking devices
or paraphernalia, a business principal shall first submit certification
on a form provided by the Township Health Officer that the employee
was instructed with respect to requirements of this article and all
New Jersey statutes and regulations concerning the sale of electronic
smoking devices and paraphernalia.
Licenses are nontransferable. Any smoke shop or vape shop or
retail vaping establishment licensed hereunder that changes ownership
shall be required to submit a new application and receive approval
of same prior to operation.
Any license issued hereunder may be suspended by the Township
Health Officer for any infraction or violation of the terms of the
license, or any of the Township ordinances or state and federal statute,
or falsification in applying for a license. The suspension shall become
effective immediately and shall state that opportunity for a hearing
will be given at a time, within 16 days from date of notice, before
the Township Administrator, which, upon a finding of such violation,
may revoke the license, and, in event of failure of the licensee to
appear, the license shall automatically be revoked and canceled.
Upon the expiration of any license issued under the provisions
of this article, the holder thereof shall surrender the same to the
Township Health Officer within 24 hours. Upon notice of the cancellation
or revocation of any license issued under the provisions of this article,
the holder shall surrender the same to the Township Health Officer
within 24 hours after notice of such cancellation.
Any person adjudicated as having violated any provision of this article shall be subject to the penalties set forth under § 1-4 of the Township Code.
All ordinances or parts of ordinances which are inconsistent
with the provisions of this ordinance are, to the extent of such inconsistency,
hereby repealed. All portions of the ordinance not modified herein
remain in full force and effect.
Should any section, clause, sentence, phrase or provision of
this ordinance be declared unconstitutional or otherwise invalid by
a court of competent jurisdiction, such decision shall not affect
the remaining portions of this ordinance.
This ordinance shall take effect upon final passage, adoption
and publication in the manner prescribed by law.
