[HISTORY: Adopted by the Board of Health of the Borough of Westwood as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-12-2015 by BOH Ord. No. 15-01]
The purpose of this article is to license establishments that sell electronic smoking devices. The funds collected by the licensing of such establishments shall be used to fund the development and maintenance of a Tobacco Age of Sale Enforcement Program and other smoking cessation, prevention or control programs as may be established and/or administered by the Board.
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning stated herein unless their use in the text of this article clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number shall include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- The Borough of Westwood Board of Health.
- ELECTRONIC SMOKING DEVICE
- An electronic or other powered device 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.
- LICENSE YEAR
- The time period covering January 1 through December 31 of the year for which a license is issued pursuant to this article.
- RETAIL ELECTRONIC SMOKING DEVICE ESTABLISHMENT
- Any establishment that sells or offers for sale electronic smoking device products designed for consumption through inhalation.
- Every delivery of electronic smoking devices, 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 possession with intent to sell.
No person shall conduct, maintain or operate an establishment that sells electronic smoking devices without first obtaining from this Board a license to do so.
Fees in accordance with the following schedule shall be paid before any license required in this article shall be issued:
Electronic smoking device establishment license: $1,200.
Licenses issued under the provisions of this article, unless forfeited or revoked by this Board, shall expire annually on the 31st day of December of each year.
The fees for all initial licenses issued to a licensee pursuant to this article shall be an amount proportionate to the number of months remaining in the license year, including the month in which the license is issued (for example, a license issued to a new licensee in September shall be one third of $1,200.
No license is transferrable by sale or otherwise.
Such license shall be posted in a conspicuous place in such establishment or, if an itinerant establishment, shall be readily available for display.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to the following penalties: For any and every violation of any of the provisions of this article, the violator of said provision will be subject to a fine of not less than $1,200 and not more than $2,500. No fines shall be issued for 60 days after publication of this article.
[Adopted 8-12-2015 by BOH Ord. No. 15-02]
The purpose of this article is to prohibit the sale of tobacco to minors. The Board of Health recognizes the dangers and health risks associated with teenagers and young persons who start smoking, as set forth in various studies conducted by the United States Department of Health, the American Cancer Society and surveys conducted by other entities. The Board of Health has concluded that it is appropriate to prohibit the sale of tobacco and nicotine delivery products within the Borough of Westwood to persons under the age of 21.
No person shall sell tobacco or nicotine delivery products in the Borough of Westwood unless an employee of the establishment controls the sale of such products. 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 and vending machines of tobacco or nicotine delivery products shall be prohibited.
No person shall sell, distribute, or give tobacco or nicotine delivery products to any person under the age of 21 years.
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 check-out counters notifying customers that proof of age is required to purchase tobacco or nicotine delivery products.
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 containing 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 less than 21 years of age who has a note or any form of communication from any person, including an adult.
No person or tobacco retailer selling tobacco or nicotine delivery products shall allow an employee to sell or distribute such products until the employee has read the Westwood Board of Health 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 Board of Health.
As used in this article, the following terms shall have the meanings indicated:
- BOARD OF HEALTH
- The Westwood Board of Health.
- HEALTH OFFICER
- The Westwood Health Officer and/or his or her authorized representative.
- NICOTINE DELIVERY PRODUCT
- Any product that is designed to deliver nicotine or vapor, including, but not limited to, what are commonly known as "e-cigarettes" or other types of electronic smoking devices, or any cartridge or other component of such device, or related products, including but not limited to any substances used in such devices, such as liquids or powders or other forms of tobacco, but excluding United States Food and Drug Administration approved nicotine patches or nicotine chewing gum.
- An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
- 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 or nicotine delivery products are made to purchasers for consumption or use. The term shall also mean any person or entity that owns, operates or uses a tobacco vending machine and/or a tobacco vending machine location as defined herein.
- TOBACCO VENDING MACHINE
- Any automated, self-service device which, upon insertion of money, tokens, or other form of payment, dispenses nicotine delivery products, cigarettes, or other tobacco products.
- TOBACCO VENDING MACHINE LOCATION
- The room, enclosure, space or area where a tobacco vending machine is installed and operated.
The enforcement authority for this article shall be the Westwood Health Officer or his/her designee.
The Health Officer may, after giving proper identification, inspect any matter, thing, premises, place, person, record, vehicle, incident, or event as necessary to execute his or her official duties in a manner prescribed by law.
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Health Officer in his/her enforcement of this article, and the Health Officer may request the assistance of the Westwood Police Department or other police agency or peace officer when necessary to execute his or her official duties in a manner prescribed by law.
Citizens may bring complaints against violators of this article.
A person who violates the provisions of this article, including any employee of a retail dealer licensee under P.L. 1948, c. 65 (N.J.S.A. 54:40A-1 et seq.) who actually sells or otherwise provides tobacco product to a person under 21 years of age, shall be liable to a civil penalty of not less than $500 for the first violation, not less than $1,000 for the second violation, and not less than $2,000 for the third and each subsequent violation. Complaint shall be made in the Municipal Court of the Borough of Westwood or before such other judicial officer having authority under the laws of the State of New Jersey.
Each sale of tobacco and or nicotine delivery product to any person under the age of 21 shall constitute a separate violation.
In addition to the penalties set forth in Subsection A above, the Westwood Board of Health may suspend the retail food establishment license of any person convicted of violation of this article, for a period of not more than three days, pursuant to the authority of the Board of Health to license and regulate food establishments as provided by N.J.S.A. 26:3-31c.