City of Garfield, NJ Chapter 308 Tobacco Retail Establishments; Vape Shops; Retail Electronic Smoking Establishments

[HISTORY: Adopted by the City Council of the City of Garfield 5-9-2023 by Ord. No. 2990.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also repealed former Ch. 308, Tobacco Retail Establishments, which consisted of Art. I, General Provisions, adopted 3-11-2014 by Ord. No. 2678; and Art. II, Sale or Distribution of Tobacco or Electronic Smoking Device Products to Persons Under 21 Years of Age, adopted 4-14-2015 by Ord. No. 2707.

§ 308-1 Purpose.

The purpose of this chapter is to regulate the location and operation of retail purveyors of tobacco, tobacco products and electronic smoking devices, in the City of Garfield, Bergen County, in order to maintain the City's character, diversity and vitality of the City's business and commercial areas and the quality of life for its residents and visitors. This is considered part of a strategy to preserve and enhance the economic health of the City's business district and promote its continued positive development.

§ 308-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated. Any terms not defined herein shall be given the meaning ascribed in § 341-2.

RETAIL ELECTRONIC SMOKING DEVICE ESTABLISHMENT

Any establishment that solely sells, distributes, gives, offers or manufactures electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine.

TOBACCO RETAIL ESTABLISHMENT

An establishment in which at least 51% of retail business is the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

TOBACCO RETAILER

Any person or entity that operates a store, stand, booth, concession or other place at which sales, rentals, or other distributions including giveaways of tobacco or tobacco products are made to persons for the purpose of consumption or use by such persons.

VAPE SHOP

Any commercial establishment whose principal business is the retail sale, service or use of electronic smoking devices, liquid nicotine or vapor products.

VAPOR PRODUCT

Any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic or chemical means to produce vapor from nicotine or other inhalation agents.

§ 308-3 Tobacco retail establishment: permitted zone; restrictions.

No person or entity shall operate a tobacco retail establishment in the City of Garfield in any zone except a business zone and subject to the following restrictions:

A. The premises in question must be located in a B-1 Business Zone.

B. The premises in question must be located on Route 46.

C. The property and the structures lawfully existing thereon must not be within 1,000 feet of a church and/or a house of worship.

D. The property and the structures lawfully existing thereon must not be within 1,000 feet of a day-care center.

E. The property and the structures lawfully existing thereon must not be within 1,000 feet of a school.

F. The premises and all other structures lawfully thereon must in all respects comply with the zoning requirements for the B-1 District, as established by Chapter 341, Zoning, of the Code of the City of Garfield.

§ 308-4 Retail electronic smoking devise establishments; vape shops, prohibited.

Retail electronic smoking device establishments and vape shops are prohibited from operating in any zone in the City of Garfield. See § 341-13I.

§ 308-5 License.

A. No person or entity shall conduct, maintain, or operate a tobacco retail establishment without first obtaining a permit from the City Department of Health.

B. No person or entity shall conduct, maintain or operate a pre-existing retail electronic smoking device establishment or vape shop without first obtaining a permit from the City Department of Health.

C. A license fee of $1,200 shall be paid to the Department of Health before any license shall issue.

D. Licenses issued pursuant to this chapter shall be an annual license which shall expire on the 31st of December of each calendar year, regardless of when issued.

E. Licenses purchased pursuant to this article that are purchased after July 1 of the calendar year will be sold for $600 and expire on the 31st of December of that calendar year.

F. Licenses issued pursuant to this chapter are nontransferable and nonassignable by sale or otherwise.

G. Any person or entity found to be in violation of this section shall be ordered to cease and desist the operation, sale, furnishing and/or distribution of such products and/or devices.

§ 308-6 Sale or distribution of tobacco products or vapor products to persons under 21 years of age.

No person in the City of Garfield, either directly or indirectly by an agent or employee, or by a vending machine owned by the person or located in the person's establishment, shall sell, offer for sale, distribute for commercial purpose at no cost or minimal cost or with coupons or rebate offers, give or furnish, to a person under 21 years of age: any cigarettes made of tobacco or of any other matter or substance which can be smoked, or any cigarette paper or tobacco in any form, including smokeless tobacco; or any vapor product that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe, or any cartridge or other component of the device or related product.

§ 308-7 Enforcement.

Enforcement of the provisions of this chapter may be by the City Health Officer, members of the Police Department, the City Building Department, the City Code Official and any other person so designated by the City of Garfield.

§ 308-8 Violations and penalties.

A. Any person or entity which violates the provisions of this chapter, including an employee of a retail dealer licensee, shall be liable for a penalty of up to $1,000 for the first violation, and up to $2,000 and/or imprisonment for a term not exceeding 90 days for each subsequent violation.

B. Each person found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which a violation of any section of this article is committed, continued or permitted by such person, and shall be punishable as provided for in the City Code. Any use or occupation of any building or structure maintained contrary to the provisions of this title shall constitute a public nuisance.