[Adopted 10-17-2023 by Ord. No. 7854-23]
As used in this article, the following terms shall have the
meanings indicated:
A distinguishable flavor, taste, or aroma other than tobacco,
including, but not limited to, any fruit, chocolate, vanilla, honey,
candy, cocoa, dessert, alcoholic beverage, herb, mint, menthol, wintergreen,
or spice flavoring, that is imparted, prior to or during consumption,
by a vapor product, including any smoke or vapor emanating from that
product. A vapor product shall be deemed to have a characterizing
flavor if the product is advertised or marketed as having or producing
any such distinguishable flavor, taste, or aroma.
A container which is designed and constructed in a manner
that meets the federal effectiveness specifications set forth in 16
CFR 1700.15 and the special packaging testing requirements set forth
in 16 CFR 1700.20, so that it is significantly difficult for a child
five years of age or younger to open the package or otherwise risk
exposure to liquid nicotine.
A container of liquid nicotine or other liquid where the
liquid is marketed, sold, or intended for use in an electronic smoking
device, but does not include a prefilled cartridge or other container
where the cartridge or container is marketed, sold, or intended for
use as, or as a part of, an electronic smoking device.
A retail business where more than 50% of its retail sales
are derived from electronic smoking devices, related accessories,
and liquid nicotine, but does not include a retail business that does
not sell container e-liquid.
Any device that may be used to deliver any aerosolized or
vaporized substance to the person inhaling from the device, including,
but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or
e-hookah. "Vapor product" includes any component, part, or accessory
of the device, and also includes any substance that may be aerosolized
or vaporized by such device, regardless of whether the substance contains
nicotine. "Vapor product" does not include any drug, device, or combination
product approved by the federal Food and Drug Administration pursuant
to the "Federal Food, Drug, and Cosmetic Act," 21 U.S.C. § 301
et seq.
A.
The Health Officer may petition the Municipal Council and request
that a hearing be held for any retailer or any agent or employee,
that is convicted of two or more offenses for selling or distributing
a vaping product to a person under 21 years of age in violation of
N.J.S.A. 2A:170-51.4, or is convicted of two or more offenses for
selling or distributing a vaping product in a container that is not
child-resistant in violation N.J.S.A. 2A:170-51.9, or is convicted
of three or more offenses for selling or distributing a vaping product
that has a characterizing flavor in violation of N.J.S.A. 2A:170-51.12.
B.
At the hearing, the retailer shall be required to show cause why
the City should not request that the Division of Taxation in the Department
of the Treasury for the State of New Jersey suspend or revoke the
cigarette retailer dealer license issued under N.J.S.A. 54:40A-4 for
a conviction related to the sale of a vapor product to an underage
person or the sale of a vapor product in a container that is not child-resistant.
If a retailer has multiple convictions related to the sale of a vapor
product that has a characterizing flavor, the retailer shall be required
to show cause why the City should not request that the Division of
Taxation in the Department of the Treasury for the State of New Jersey
suspend or revoke the vapor business license issued under N.J.S.A.
54:40B-3.3.
C.
Notice of the hearing shall be given by the City Clerk and may be
served upon the retailer or its registered agent by personal service
or by registered mail or certified mail addressed to the retailer's
last known address. The retailer shall be given at least 10 days'
notice of said hearing and such notice shall contain the time and
place designated for the hearing.
D.
The Health Officer shall present evidence of each conviction to the
Municipal Council at the hearing and any other information that he
or she believes is relevant.
E.
The rules of evidence shall not apply but the retailer may submit
evidence and call witnesses to testify on its behalf and may be represented
by counsel at the hearing.
F.
Following the hearing, the Municipal Council shall state its recommendation
as to whether it will request that the Division of Taxation in the
Department of the Treasury for the State of New Jersey suspend or
revoke the cigarette retailer dealer license and/or the vapor business
license that was issued to the retailer.
