[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:
The Board of Health of the City of Englewood with statutory
powers under Title 26 of the New Jersey Statutes.
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.
The Department of Health of the City of Englewood.
The Englewood Health Officer or designee.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee, or any other
legal entity.
A license which does not have a site or licensed premises.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
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, 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.
B.
No itinerant establishments or vendors shall be permitted to obtain
an electronic smoking device establishment license.
C.
Fees in accordance with the following schedule shall be paid before
any license required in this article shall be issued:
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Annual electronic smoking device establishment license fee:
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$900
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*License fee will not be prorated for periods of fewer than
12 months.
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D.
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.
E.
Such license shall be posted in a conspicuous place in such establishment.
F.
All licensing fees shall be paid to the Department of Health.
A.
The enforcement authority for this chapter shall be the Chief of
Police, Health Officer, or their respective 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 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.
D.
Civilian complaints may be filed in Municipal Court against violators
of this chapter.
A.
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.
B.
Each violation of a provision of this chapter shall constitute a
separate violation.
C.
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:
(1)
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
(2)
Suspend or revoke a retail electronic smoking device establishment
license.
D.
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.
E.
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.
F.
Fines associated with this chapter be shall be paid to the Department
of Health.
