[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:
[1]The Department of Health and Human Services of the Township,
and may be referred to herein as the "Department."
The Health Officer of the Department of Health and Human
Services of the Township and/or his or her authorized representatives.
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]
A building or portion of a building owned or leased by the
Township.
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]
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee or any other
legal entity.
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.
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.
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.
The burning of a lighted cigar, cigarette, pipe or any other
matter or substance which contains 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.
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.
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.
[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.
[Ord. No. 3395, 6-21-1994, § 1]
[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.
[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:
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.
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."
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.).
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.
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.
A retail business where electronic smoking devices or cannabinoid
items are sold.
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 sell electronic smoking devices or cannabinoid products
unless such person is licensed in accordance with the terms of this
article.
(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.
