[HISTORY: Adopted by the Board of Health of the City of Englewood 5-8-2019 by Ord. No. 19-01. Amendments noted where applicable.]
As used in this chapter:
- BOARD OF HEALTH
- The Board of Health of the City of Englewood with statutory powers under Title 26 of the New Jersey Statutes.
- 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, 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, gels, wax, powders or other substance containing nicotine.
- HEALTH DEPARTMENT or DEPARTMENT OF HEALTH
- The Department of Health of the City of Englewood.
- HEALTH OFFICER
- The Englewood Health Officer or designee.
- An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
- POCKET LICENSE
- A license which does not have a site or licensed premises.
- RETAIL ELECTRONIC SMOKING DEVICE ESTABLISHMENT
- A physical establishment, duly licensed by the Department of Health, that sells, offers for sale, gives, distributes or furnishes electronic smoking devices designed for consumption through inhalation.
No person shall sell electronic smoking devices in Englewood unless an employee of the establishment controls the sale of such products. A person may only sell electronic smoking devices in a direct, face-to-face exchange between the retailer and the consumer. Self-service displays and vending machines of electronic smoking devices are prohibited.
No person shall sell or offer for sale at any cost or no cost, distribute, furnish or give electronic smoking devices to any person under the age of 21 years.
Licensed retail electronic smoking device establishments shall conspicuously post and reasonably maintain signs having a minimum size of six inches by eight inches where electronic smoking devices are displayed and at all check-out counters notifying customers that proof of age is required to purchase such products.
Any person selling electronic smoking devices shall verify by means of government-issued photographic identification containing the bearer's date of birth that no person purchasing the electronic smoking device is younger than 21 years of age. No clerk shall sell electronic smoking devices to a person less than 21 years of age based on a note or any form of communication from any person.
No person or retailer selling electronic smoking devices shall allow an employee to sell or distribute such products until the employee has read Chapter 535 of the Englewood Board of Health Code and state laws pertaining to the sale or distribution of 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.
The sale of any electronic smoking device refill liquid that is intended for human consumption that is not contained in packaging that is child-resistant, whether or not such liquid contains nicotine, is prohibited as set forth in N.J.S.A. 2A:170-51.9 et seq.
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, or any entity established for the purpose of introducing electronic smoking devices into the consumer market in any manner for the eventual or ultimate consumption or use by individuals without first obtaining from the Department of Health a license to do so on the premises.
No itinerant establishments or vendors shall be permitted to obtain an electronic smoking device establishment license.
Fees in accordance with the following schedule shall be paid before any license required in this article shall be issued:
Licenses issued under the provisions of this article, unless forfeited to or revoked by the Department of Health, shall expire annually on the last day of March 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 April 1 each year.
Such license shall be posted in a conspicuous place in such establishment.
All licensing fees shall be paid to the Department of Health.
The enforcement authority for this chapter shall be the Chief of Police, Health Officer, or their respective designees.
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.
It shall be unlawful for any person to harass, willfully oppose, verbally abuse or otherwise obstruct the Health Officer in the enforcement of this chapter, and the Health Officer may request the assistance of the Englewood Police Department or other police agency or peace officer when necessary to enforce this chapter.
Civilian complaints may be filed in Municipal Court against violators of this chapter.
Any person who violates the provisions of this chapter who actually sells or otherwise provides 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 Englewood or before such other judicial officer having authority under the laws of the State of New Jersey.
Each violation of a provision of this chapter shall constitute a separate violation.
In addition to the penalties set forth in Subsection A above, in accordance with Chapter 500 of this Code, the Englewood Board of Health or Health Officer may, in his or her discretion:
Suspend the retail food establishment license of any person convicted of violation of this chapter 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. 26:3-31(c); and
Suspend or revoke a retail electronic smoking device establishment license.
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.
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 § 535-2 herein.
Fines associated with this chapter be shall be paid to the Department of Health.