[Ord. No. 1700, § 2; amended by Ord. No. 3348, 2-23-1993, § 2; Ord. No. 3395, 6-21-1994, § 1; Ord. No. 3830, 8-24-2004, § 1; Ord. No. 4050, 1-8-2008, § 3]
As used in this chapter, the following terms shall have the meanings indicated:
HEALTH DEPARTMENT
[1]The Department of Health and Human Services of the Township, and may be referred to herein as the "Department."
HEALTH OFFICER
The Health Officer of the Department of Health and Human Services of the Township and/or his or her authorized representatives.
HIGHWAY
The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.[2]
MUNICIPAL GOVERNMENT BUILDING
A building or portion of a building owned or leased by the Township.
NICOTINE DELIVERY PRODUCTS
Products which are designed to deliver nicotine or vapor, including what are commonly known as "e-cigarettes," and used as a substitute for cigarettes or other forms of tobacco, but excluding nicotine patches or nicotine chewing gum.
[Added by Ord. No. 40-2014, 11-12-2014]
PERSON
An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
RIGHT-OF-WAY
The strip of land occupied or intended to be occupied by a street, road, highway, crosswalk, railroad, sidewalk, electric transmission line, gas pipeline, water main, communication lines, sanitary main, storm main, shade tree or for another special use.
ROADWAY
That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term "roadway" used herein shall refer to any such roadway separately, but not to all such roadways collectively.
SIDEWALK
The area of the right-of-way used for pedestrians; the portion of a highway intended for the use of pedestrians, between the curbline or the lateral line of a shoulder, or, if none, the lateral line of the roadway and the adjacent right-of-way line.
SMOKE or SMOKING
The burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco.
TOBACCO
Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling and other personal use, including cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
TOBACCO RETAILER
Any person or entity that operates a store, stand, booth, concession or place at which sales of tobacco are made to purchasers for consumption or use and shall also mean a person or entity that owns, operates or uses a vending machine and/or a vending machine location.
VENDING MACHINE
Any automated, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarettes or other tobacco products.
[1]
Editor's Note: The former definition of "dedicated public parks" of the 1965 Code, which immediately preceded this definition, was repealed by Ord. No. 21-2022, 8-30-2022.
[2]
Editor's Note: The former definition of "municipal government building" of the 1965 Code, which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Ord. No. 1700, § 2; amended by Ord. No. 3348, 2-23-1993, § 2; Ord. No. 3395, 6-21-1994, § 1; Ord. No. 3830, 8-24-2004, § 2; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Smoking or the carrying of a lighted pipe, cigar, cigarette or other smoking materials is prohibited in all places designated by the New Jersey Smoke-Free Air Act, N.J.S.A. 26:3D-55 et seq.
[1]
Editor's Note: Former § 31A-3, restricted locations - smoking, of the 1965 Code, as amended by Ord. No. 3397, 6-21-1994, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II); see now § 31A-2.
[Ord. No. 3395, 6-21-1994, § 1]
(a) 
It shall be unlawful to offer for sale or to sell tobacco through a tobacco vending machine in the Township of Teaneck.
(b) 
All tobacco vending machines made unlawful by the terms of this chapter shall be removed within 30 days from the effective date of this chapter amendment.
[Ord. No. 1700, § 4; amended by Ord. No. 3395, 6-21-1994, § 1]
(a) 
Each owner, proprietor or person having control of the premises shall post a notice in prohibited areas that it is a violation of law to smoke in such an area. It shall be unlawful for any person to remove, mutilate or destroy any signs required by this chapter.
(b) 
A sign, no less than six inches by eight inches, shall be posted, in a manner that makes it immovable, in a conspicuous place near each cash register or point of sale in any retail establishment which sells tobacco products, with the following legend: "SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE OF 21 IS PROHIBITED BY LAW. Legal proof of age must be shown. A person who sells or offers to sell a tobacco product to a person under 21 years of age may be prosecuted in accordance with state and local ordinances."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[Ord. No. 3395, 6-21-1994, § 1]
(a) 
Whenever the Health Officer, Chief of Police or their designated representative reasonably believes there exists a violation of this chapter, he/she may issue a summons and complaint not later than 90 days after discovery of the alleged violation. The complaint shall be written and shall state with reasonable particularity the nature of the violation, including reference to the article and section of this chapter alleged to have been violated. The complaint shall be delivered or sent by certified mail to the alleged violator.
(b) 
The Health Officer or any other person charged with enforcement of this chapter, after giving proper identification, may inspect any matter, thing, premises, place, person, record, vehicle, incident or event as necessary.
(c) 
Citizens may bring complaints against violators of this chapter.
[Ord. No. 3395, 6-21-1994, § 1; amended by Ord. No. 40-2014, 11-12-2014]
(a) 
No person shall sell tobacco or nicotine delivery products in the Township of Teaneck unless the sale of such products is controlled by an employee of the establishment. A person may only sell tobacco or nicotine delivery products in a direct, face-to-face exchange between the retailer and the consumer. Self-service displays of tobacco or nicotine delivery products shall be prohibited.
(b) 
No person shall sell tobacco or nicotine delivery products to any person under the age of 21 years or give tobacco or nicotine delivery products to any person under the age of 21.
(c) 
Tobacco retailers shall conspicuously post and reasonably maintain signs, having a minimum size of six inches by eight inches, where tobacco or nicotine delivery products are displayed and at all checkout counters notifying customers that proof of age is required to purchase tobacco or nicotine delivery products.
(d) 
Any person selling tobacco or nicotine delivery products shall verify by means of government-issued photographic identification containing the bearer's date of birth that no person purchasing the tobacco or nicotine delivery products is younger than 21 years of age. No such verification is required for any person over the age of 26. No clerk shall sell tobacco or nicotine delivery products to a person under 21 years of age who has a note from an adult requesting such sale.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(e) 
No tobacco retailer selling tobacco or nicotine delivery products shall allow an employee to sell or distribute such products until the employee has read the Township ordinances and state laws pertaining to the sale or distribution of tobacco and nicotine delivery products and has signed a statement that the employee has read such ordinances and state laws. Such form statement will be supplied by the Health Department, and the signed original statement shall be filed with the Health Department, and a copy shall be kept on file by the tobacco retailer and made available for review by the Health Department.
[Ord. No. 1700, § 5; amended by Ord. No. 3395, 6-21-1994, § 1]
(a) 
Any person who violates the provisions of this chapter shall be subject to penalties set forth in § 1-6 of the Code of the Township of Teaneck, 1964, as amended.
(b) 
Each sale of tobacco to a minor, each day the required sign is not posted, each day a prohibited vending machine remains on the premises after the required removal date and each incident of failure to require identification shall constitute a separate violation.
(c) 
In addition, the Health Department may suspend the retail food establishment license of any person convicted of a violation of this chapter, for a period of not more than three days, pursuant to the authority of Chapter 17 of this Code and as provided by N.J.S.A. 26:3-31c.
[Ord. No. 3395, 6-21-1994, § 1]
This chapter shall be liberally construed for the protection of the health, safety, and welfare of the people of the Township of Teaneck.
[Ord. No. 23-2023, 4-18-2023]
As used in this article, the following terms shall have the meanings indicated:
CANNABINOID PRODUCTS
Any product containing cannabinoids as defined herein, including, but limited to, candy, gummies, vapor, food products or other products of any type intended for the consumption of cannabinoids.
CANNABINOIDS
Any of a group of closely related compounds which include cannabinol and the active constituents of cannabis, containing 0.5 milligram or more of any combination of THC, including delta-8 THC or delta-8-tetrahydrocannabinol, delta-10 THC, Tetrahydrocannabivarin ("THC-V"), THC-O-Acetate ("THC-O"), hexahydrocannabinol ("HHC"), or any other cannabinoids advertised by the manufacturer or seller as having an intoxicating effect not otherwise regulated as a cannabis item pursuant to N.J.S.A. 24:6I-31 et seq., entitled the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act."
CANNABIS ITEMS
Any usable cannabis, cannabis product, cannabis extract, and any other cannabis resin. "Cannabis item" does not include any form of medical cannabis dispensed to registered qualifying patients pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L. seq. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.), and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the "New Jersey Hemp Farming Act," P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
CHARACTERIZING FLAVOR
A distinguishable flavor, taste, or aroma, including, but not limited to, any fruit, candy, 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, 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.
ELECTRONIC SMOKING DEVICE
A nonlighted, noncombustible electronic device that may be used to simulate smoking and that employs a mechanical heating element, battery, or circuit, regardless of shape or size, to produce aerosolized or vaporized nicotine, cannabinoid or other substance for inhalation into the body of a person, including devices marketed as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or any other similar product with any other product name or descriptor.
VAPE BUSINESS
A retail business where electronic smoking devices or cannabinoid items are sold.
VAPE or VAPING
The inhalation of vapor containing nicotine or a cannabinoid item by an electronic smoking device.
No person shall vape in any place in which smoking is prohibited under the New Jersey Smoke-Free Air Act (N.J.S.A. 26:3D-55 et seq.) or while outdoors on any public streets, public sidewalks or public parking lots within the Township of Teaneck.
(a) 
It shall be unlawful to offer for sale or to sell electronic smoking devices or cannabinoid products through a vending machine within the Township of Teaneck.
(b) 
All vending machines made unlawful by the terms of this chapter shall be removed within 30 days from the effective date of this chapter amendment.
(c) 
No retail electronic smoking device establishment, not presently in operation at the time of the adoption of this section, shall be located within 500 feet of any public recreational field or park or public or private elementary or secondary school.
(a) 
Each owner, proprietor or person having control of the premises shall post a notice in prohibited areas that it is a violation of law to vape in such an area. It shall be unlawful for any person to remove, mutilate or destroy any signs required by this chapter.
(b) 
A sign, no less than six inches by eight inches, shall be posted, in a manner that makes it immovable, in a conspicuous place near each cash register or point of sale in any retail establishment which sells electronic smoking devices or cannabinoid products, with the following legend: "SALE OF ELECTRONIC SMOKING DEVICES OR CANNABINOID PRODUCTS TO PERSONS UNDER THE AGE OF 21 IS PROHIBITED BY LAW." Legal proof of age must be shown. Any person who sells or offers to sell electronic smoking devices or cannabinoid products to a person under 21 years of age may be prosecuted in accordance with state and local ordinances.
(a) 
No person shall sell electronic smoking devices or cannabinoid products in the Township of Teaneck unless the sale of such products is controlled by an employee of the establishment. A person may only sell electronic smoking devices or cannabinoid products in a direct, face-to-face exchange between the retailer and the consumer. Self-service displays of electronic smoking devices or cannabinoid products shall be prohibited. Such items must located behind the service counter and out of reach to customers without the assistance of the salesperson.
(b) 
No person shall sell electronic smoking devices or cannabinoid products to any person under the age of 21 years or give electronic smoking devices or cannabinoid products to any person under the age of 21.
(c) 
Electronic smoking devices or cannabinoid products retailers shall conspicuously post and reasonably maintain signs, having a minimum size of six inches by eight inches, where electronic smoking devices or cannabinoid products are displayed and at all check-out counters notifying customers that proof of age is required to purchase electronic smoking devices or cannabinoid products.
(d) 
Any person selling electronic smoking devices or cannabinoid products shall verify by means of government-issued photographic identification containing the bearer's date of birth that any person purchasing the electronic smoking devices or cannabinoid products is 21 years of age or older.
(e) 
Any salesperson selling electronic smoking devices or cannabinoid products shall be at least 21 years of age.
(f) 
No retailer of electronic smoking devices or cannabinoid products shall allow an employee to sell or distribute such products until the employee has read the Township ordinances and state laws pertaining to the sale or distribution of electronic smoking devices or cannabinoid products and has signed a statement that the employee has read such ordinances and state laws. Such form statement will be supplied by the Health Department, and the signed original statement shall be filed with the Health Department, and a copy shall be kept on file by the electronic smoking devices or cannabinoid products retailer and made available for review by the Health Department.
(g) 
No retail electronic smoking device establishment shall use any device to mask or conceal any characterizing flavor of any electronic liquid and/or cannabinoid product.
(h) 
No retail electronic smoking device or cannabinoid product establishment shall distribute, or cause to be distributed, any samples or permit sampling of electronic smoking devices, components or parts, electronic liquid, and/or cannabinoid product.
(a) 
No person shall conduct, maintain, operate, or sell electronic smoking devices or cannabinoid products without first obtaining from the Teaneck Health Department a written license to do so. No more than 10 licenses may be issued to operate a retail electronic smoking device establishment within the boundaries of the Township of Teaneck. All active licenses in effect prior to May 21, 2024, shall be considered grandfathered and to have been approved in accordance with the provisions of this chapter and not subject to such limits. Licenses that have been grandfathered in shall be subject to the requirements of this chapter.
[Amended by Ord. No. 12-2024, 6-18-2024]
(b) 
License application shall be submitted to the Teaneck Health Department on forms promulgated by the Health Department.
(c) 
License applications shall be submitted with the annual fee therefor as set forth in the current fee ordinance of the Township of Teaneck.
(d) 
Licenses issued under the provisions of this section shall expire annually on December 31 of the year in which the license was issued.
(e) 
Applications for license renewal shall be submitted to the Health Department 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 or cannabinoid products and if that part of their business is conducted or takes place at the retail electronic smoking devices or cannabinoid products 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 cannabinoid products 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 Department of Health.
(i) 
The owner or person in charge of an establishment shall permit any Town official, inspector or police officer who has presented proper identification to fully examine any license issued under this section.
(j) 
Licenses and/or permits are not transferable and are not prorated. Any establishment that changes ownership must submit a new application and receive a new license and/or permit prior to the opening of the establishment.
(k) 
The funds collected by the licensing of such establishments shall be used to fund enforcement of this section and the development and maintenance of smoking prevention and control programs established and/or administered by the Teaneck Department of Health.
(a) 
The Health Officer or his/her authorized agent shall have the right to inspect any premises electronic smoking devices or cannabinoid products as often as he/she deems it necessary.
(b) 
Any duly appointed Township police officer shall be permitted to enter and inspect the premises for compliance with this section.
(c) 
It shall be unlawful for any licensee or his/her employee to hinder, impede, or fail to allow the Health Officer or his/her designee or any duly appointed Township police officer needing to perform an inspection access to all areas of the establishment.
(d) 
The owner or operator of any licensed premises shall present invoices for all purchases of electronic smoking devices or cannabinoid products to the Health Officer upon request.
(a) 
Licenses issued under this article may be revoked or suspended by the Health Officer, or his/her designee, pending a formal hearing before the Health Officer, 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 Health Officer.
(5) 
The owner and/or operator or any employee refuses to permit, hinders, or obstructs the Health Officer or his/her designee or any duly authorized Township police officer to inspect the premises or the operations therein.
(6) 
Selling electronic smoking devices or cannabinoid products to any person below 21 years of age.
(7) 
Violation of any provision of this article.
(b) 
The commission of a second offense shall result in a mandatory revocation of the license.
(c) 
A person, firm, corporation, or other entity whose license has been revoked shall close the establishment and request all patrons to vacate the premises.
(d) 
The licensee shall be entitled to a hearing before the Health Officer within a reasonable time, which is not to exceed 15 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 Health 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.
(e) 
At the hearing before the Health Officer, the licensee shall have an opportunity to answer and may thereafter be heard; and upon due consideration and deliberation by the Health Officer, the complaint may be dismissed; or if the Health Officer concludes that the charges have been sustained and substantiated, the Health Officer may deny reinstatement of the license and stipulate the conditions required for reinstatement of the license.
(f) 
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.
(g) 
Appeals from the Health Officer's decision may be taken to the Township Council which shall consider the appeal on the record of the hearing before the Health Officer. If the Township Council finds that the record is incomplete, the Township Council may remand the matter for a further hearing before the Health Officer or may conduct its own hearing.
(h) 
Decisions of the Township Council shall be final, subject to a review by a court of competent jurisdiction.
(i) 
Upon the revocation of a license, the holder of the revoked license shall not sell or dispose of the electronic smoking devices or cannabinoid products except to an authorized retailer of such products. A copy of the bill of sale for such products shall be provided to the Health Officer upon any such sale or other disposition.
(a) 
Penalties for violation of any provision of this article shall be as provided in § 1-6 of the Code of the Township of Teaneck, as amended.
(b) 
Upon conviction, there shall be a minimum fine of $100.
(c) 
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.