Title; definitions., Chapter 4. General Licensing, Revised General Ordinances, Code of Ordinances, Ramsey

Definitions. The words and terms used in this section shall have the meanings as provided in this subsection. Where words or terms are not defined in this subsection they shall have the meanings ordinarily ascribed to them. Should any word, term or phrase defined in this subsection conflict with any other word, term or phrase defined in this section, the definitions provided in this subsection shall apply.

ADVERTISING: Media (printed, electronic or otherwise) that calls the public's attention to things for sale.

BOROUGH ADMINISTRATOR: The Borough Administrator of the Borough or the Borough Administrator's designee.

BUSINESS: Any sole proprietorship, joint venture, limited-liability company, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.

CANNABIS: All parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin and/or oil extracted from any part of the plant; every compound, manufacture, salt, derivative, mixture, concentrate, or preparation of the plant, its seeds, or resin; and edible or topical products containing any of the above.

CANNABIS RETAILER: Any person that operates a store, stand, booth, concession, or other place at which sales, rentals, or other giveaways of cannabis products are made to purchasers for consumption or use.

CANNABIS SHOP: Any store, stand, booth, concession or other place which sells, manufacturers, grows, rents or gives away cannabis or any product containing cannabis or allows or permits the use or consumption of cannabis or any product containing cannabis.

CREATION OF A TOBACCO OR SMOKE SHOP OR AN ELECTRONIC/VAPOR SUBSTANCE INHALATION SHOP

The opening or commencement of any such establishment as a new establishment; or

The conversion of an existing establishment to a tobacco or smoke shop establishment or an electronic/vapor substance inhalation shop establishment as defined in this section; or

The relocation of any such establishment.

ELECTRONIC VAPOR DEVICE: Any device with a heating element, a batter, or an electronic circuit that provides nicotine or other vaporized liquids to the user in a manner that simulates tobacco products, shisha, herbs, or any other product that produces smoke.

ELECTRONIC/VAPOR INHALATION SUBSTANCE PRODUCTS: Cartridges, cartomizers, e-liquid, smoke juice, tanks, tips, atomizers, vaporizers, electronic smoking device batteries, electronic smoking device chargers, and any other item specifically designed for the preparation, charging, or use of electronic vapor devices.

ELECTRONIC/VAPOR SUBSTANCE INHALATION SHOPS: Those businesses where customers can smoke or inhale vapor from electronic/vapor inhalation substance products, commonly known as "electronic cigarettes," "e-cigarettes," "e-cigars," "e-cigarillos," "e-pipes," e-hookahs," "electronic nicotine delivery systems," and other similar devices.

EMPLOYEE: Any person who is employed by an employer for consideration for direct or indirect wages or profit, or is an independent contractor, agent or consultant of an employer and any person who volunteers his or her services for a nonprofit entity.

HOOKAH: A pipe commonly, but not always, made of glass, used for vaporizing and smoking tobacco, flavored tobacco, nonflavored tobacco, shisha, dried fruits, cannabis or other substances in which vapor or smoke is passed through a water basin before inhalation.

MINOR: Any individual who is less than 21 years old.

NONPROFIT ENTITY: Any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character-building, political, social, or other similar purpose, the net proceeds from the operation of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a nonprofit entity within the meaning of this section.

PERSON: Any individual, partnership, cooperative association, private or public corporation, limited-liability company, personal representative, receiver, trustee, assignee, or any other legal entity.

PUBLIC PLAYGROUND/PARK/RECREATION AREA: An area to which the public, and particularly minors, come to participate in athletic or recreational activities, whether or not such activities are supervised or organized. Such areas include, but are not limited to, publicly owned and maintained parks, athletic fields, playgrounds, picnic areas, any outdoor premises or grounds owned or operated by the Borough, a public or private school, child-care center, and any youth or recreational facilities that contain any play or athletic equipment used or intended to be used by minors.

SCHOOL: An institution of learning, whether public or private, preschool or day-care services, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning, a vocational or professional institution or an institution of higher education, including a community or junior college, college, or university.

SELF-SERVICE MERCHANDISING: Open display of tobacco products and point-of-sale tobacco-related promotional products that the public has access to without the intervention of an employee.

TOBACCO OR SMOKE SHOP: Any store, stand, booth, concession, or other place that either devotes a substantial portion of its display area (i.e., 15% or more of floor space) to tobacco products or devotes more than 16 cubic feet of shelf space for the display or sale of tobacco or drug paraphernalia to purchasers for consumption or use. This definition includes electronic vapor devices, electronic vapor inhalations substances and hookahs.

TOBACCO PRODUCT

Any product containing tobacco leaf including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and

Any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human lungs or mouth in smoke or vapor form, using any tobacco paraphernalia, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

TOBACCO RETAILER: Any person or entity that operates a store, stand, booth, concession, or other place at which sales, rentals, or other giveaways of tobacco products, electronic vapor devices, electronic vapor inhalation substances, and hookahs are made to purchasers for consumption or use.

TOBACCO VENDING MACHINE: Any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper currently, or other things representative of value, that dispenses or releases a tobacco product.

TRANSFER OF OWNERSHIP OR CONTROL OF A TOBACCO OR SMOKE SHOP OR AN ELECTRONIC/VAPOR SUBSTANCE INHALATION SHOP

The sale, lease or sublease of such establishment; or

The transfer of securities which constitute a controlling interest in such establishment, whether by sale, exchange, merger or similar means; or

The establishment of a trust, gift or other similar legal devise which transfers ownership or control of such establishment, except for transfer by bequest or other operation of law upon the death of the person possessing such ownership or control.

ZONING CODE: Chapter 34 of the Borough Code of the Borough of Ramsey, Bergen County, New Jersey, as it may be amended from time to time.