[Adopted 2-19-2019 by Ord. No. 2019-01]
The purpose of this article is to establish licensing requirements
for establishments that sell electronic smoking devices. The funds
collected through licensure of such establishments may be used to
fund the development and maintenance of a tobacco age of sale enforcement
program and other smoking cessation, prevention and control programs
as may be established by the West Windsor Township Health Department.
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.
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.
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted cigar, cigarette, pipe or any other matter
that can be smoked, or the inhaling or exhaling of smoke or vapor
from an electronic smoking device.
Is a retailer that either devotes 25% or more of the floor
area or display area to, or derives 75% or more of gross sales receipts
from, the sale of electronic smoking devices and/or related products.
A.
No person shall conduct, maintain or operate a retail electronic
smoking device establishment that sells, offers for sale at any cost
or no cost, distributes or furnishes electronic smoking devices, or
any cartridge or other component of the device or related product
without first obtaining a license to do so.
B.
No itinerant establishments or vendors shall be permitted to obtain
an electronic smoking device establishment license.
C.
Applications for licenses shall be submitted, together with the fee established in Chapter 82, Fees, as follows:
(1)
Applications shall be submitted not less than 30 days prior to the
proposed date of commencement of operations.
(2)
All licenses issued for electronic smoking device establishments
shall expire on January 1 of the year following which they were issued
or upon transfer of ownership or operation of the licensed premises,
whichever comes first.
(3)
Applications for renewals of annual licenses shall be submitted on
or before December 1 of each year preceding the year for which the
application is made.
No person shall sell or offer for sale at any cost or no cost,
distribute or furnish electronic smoking devices or any cartridge
or other component of the device or related product to any person
under the age of 21 years.
A.
Licensed retail electronic smoking device establishments shall conspicuously
post signs having a minimum size of six inches by eight inches where
EDS and related products are displayed and at all points of sale notifying
customers that proof of age is required to purchase such products.
B.
No person or retailer selling electronic smoking devices shall allow
an employee to sell or distribute such products until the person has
read the local ordinances and state laws pertaining to the sale and
distribution of ESDs and has signed a statement of understanding form
that they have read and understand such ordinance and laws. A list
of applicable regulations and a statement of understanding form shall
be provided to the establishment owner/representative by the West
Windsor Health Department. The signed statement of understanding form
for each separate employee shall be maintained by the owner on the
premises for a minimum of one year following the employee's termination
of employment.
C.
The establishment shall post the license in a conspicuous place in
such establishment.
D.
As a condition prior to the issuance of a license or renewal of any
such license, the applicant or licensee shall be required to establish,
by written documentation, that the person in charge of the retail
ESD establishment has established an employee training policy.
E.
Smoking, vaping, consuming or otherwise sampling electronic delivery
devices or refill products is prohibited within a facility licensed
as retail electronic smoking device establishment.
F.
The sale of any electronic smoking device refill, including but not
limited to any and all liquids, gels, wax or powders, and whether
or not such refill contains nicotine, that is intended for human consumption
and is not contained in packaging that is child-resistant is prohibited
as set forth in N.J.S.A. 2A: 170-51.9 et seq.
G.
License holders can only do in-person sales of ESD at their retail
electronic smoking device establishment. There shall be no sales at
nonregistered retail locations or mobile locations, including, but
not limited to, street fairs, local fairs, festivals or similar events.
H.
Vapor/vape shops shall be prohibited from obtaining a license to
operate retail electronic smoking device establishments in this municipality.
A.
The provisions of this article shall be enforced by the Health Officer,
Chief of Police and/or their designees. Additional municipal officials
may be appointed as enforcement agents by the Business Administrator
as deemed necessary.
B.
Any person found to be selling or offering electronic smoking devices
or product without a valid license issued by the Health Department
shall cease activity immediately upon receipt of written order by
the enforcement official.
A.
Any person(s) who is found to be in violation of the provisions of
this article shall, upon conviction, pay a fine of $250 for the first
violation, $500 for the second violation, and $1,000 for third and
each subsequent violation. Each violation, and every day in which
a violation occurs, shall constitute a separate violation. No fines
shall be issued for 60 days after publication of this article.
C.
The foregoing civil penalties are in addition to any penalties that
may be imposed under N.J.S.A. 2A: 170-51, et seq. and N.J.S.A. 2C:33-13.1,
et seq.
D.
The defenses enumerated in N.J.S.A. 2A:170-51,4b and N.J.S.A. 2C:33-13.1b
shall constitute defenses to any prosecution brought pursuant to this
article.
E.
Civilian complaints may be filed in Municipal Court against violators
of this article.
