[Adopted 12-4-2017 by Ord. No. 2017-17]
As used in this article, the following terms shall have the
meanings indicated:
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 electronic cigarette, cigar,
cigarillo or pipe, or any cartridge or other component of the device
or related product including but not limited to any substances used
in such devices, such as liquids or powders.
The Health Department.
The Health Officer or designee.
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.
A physical establishment, duly licensed by the Board of Health,
that sells, offers for sale, gives, distributes or furnishes electronic
smoking devices designed for consumption through inhalation.
A.
No person shall sell nicotine delivery products, or electronic smoking
devices in the Borough unless an employee of the establishment controls
the sale of such products. A person may only sell nicotine delivery
products or electronic smoking devices in a direct, face-to-face exchange
between the retailer and the consumer. Self-service displays and vending
machines dispensing nicotine delivery products or electronic smoking
devices are prohibited.
B.
No person or retailer selling tobacco, nicotine delivery products
or electronic smoking devices shall allow an employee to sell or distribute
such products until the employee has read the Pennington Board of
Health Code and state laws pertaining to the sale or distribution
of tobacco, nicotine delivery products or electronic smoking devices
and has signed a statement that the employee has read such Code and
state laws. Form statements 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 retailer and made available
for review by the Health Officer or designee.
A.
No person shall conduct, maintain or operate a retail electronic
smoking device establishment that sells, or offers for sale at any
cost or no cost, distributes, furnishes or gives electronic smoking
devices without first obtaining from the Health Department a license
to do so on the premises.
B.
No itinerant establishments or vendors shall be permitted to obtain
an electronic smoking device establishment license.
C.
All licensees shall pay an annual electronic smoking license fee as set forth in Chapter 98 of the Borough Code. License fees will not be prorated for periods of fewer than 12 months.
D.
Licenses issued under the provisions of this article, unless forfeited
to or revoked by the Board of Health, shall expire annually on the
31st day of January each year or whenever the licensed establishment
is no longer operating as a retail electronic smoking device establishment,
whichever occurs first. Renewal applications are to be filed on or
before January 31 each year.
E.
The license shall be posted in a conspicuous place in the licensed
premises.
F.
All licensing fees shall be paid to the Borough of Pennington.
No license is transferrable by sale or otherwise. A license
is valid only for the specific premises and person listed thereon.
A.
The enforcement authority for this article shall be the Chief of
Police, Health Officer, or their designees.
B.
The Health Officer may, after giving proper identification, inspect
any matter, thing, premises, place, person, record, vehicle, incident,
or event as necessary to execute all official duties in a manner prescribed
by law.
C.
It shall be unlawful for any person to molest, willfully oppose,
verbally abuse or otherwise obstruct the Health Officer in the enforcement
of this article, and the Health Officer may request the assistance
of the Police Department when necessary to enforce this article.
Civilian complaints may be filed in Municipal Court against
violators of this article. Any person who violates the provisions
of this article (including any employee of a tobacco retailer licensed
under N.J.S.A. 54:40A-1 et seq.) who actually sells or otherwise provides
tobacco products or electronic smoking devices to a person under 21
years of age shall be liable to a civil penalty of not less than $250
for the first violation, not less than $500 for the second violation,
and $1,000 for the third and each subsequent violation. Complaint
shall be made in the Municipal Court of Pennington Borough or before
such other judicial officer having authority under the laws of the
State of New Jersey.
