Edgewater City Zoning Code
ARTICLE XXIV
Hookah Bars and Establishments
[Added 12-20-2021 by Ord. No. 2021-014]
§ 240-214 Legislative findings; purpose.
A.
Whereas, regulating public hookah smoking protects community health. According to the Tobacco Control Legal Consortium, current science shows that hookah smoking carries the same or similar health risks as cigarette smoking and may, in fact, be even more damaging. Hookah smoke contains significant amounts of nicotine, tar, heavy metals, and carcinogens. The smoke may also contain charcoal or cinder elements that release chemicals, such as carbon monoxide and metals, when burned.
B.
Whereas, unlike smoking a cigarette, which typically takes less than 10 minutes, a hookah session may last an hour or more. Due to the longer, more sustained period of inhalation, hookah use may actually increase exposure to the carcinogens in tobacco. In fact, a hookah smoker may inhale as much smoke during one hookah session as consuming 100 cigarettes. In addition, the social aspects of hookah use, including shared pipes and mouthpieces and warm, moist smoke, may place hookah users at risk for other types of infections and diseases, such as herpes, hepatitis, and tuberculosis. Creating or amending a law or ordinance to clearly limit the public use of hookahs helps to reduce these public health risks.
C.
Whereas the purpose of this article is to regulate the location and operation of retail purveyors of hookah sales and smoking in the Borough of Edgewater, Bergen County, in order to maintain the Borough's character, diversity and vitality of the Borough's business districts and commercial areas and the quality of life for its residents and visitors. This is considered part of a strategy to preserve and enhance the economic health of the Borough's business districts and promote its continued positive development.
§ 240-215 Definitions.
A.
As used in this article, the following terms shall have the meanings indicated:
CREATION OF HOOKAH BAR, LOUNGE, SHOP OR ESTABLISHMENT
(1)
The opening of any such establishment as new when it did not exist before.
(2)
The conversion of an existing establishment to a tobacco or hookah shop or establishment as defined in this chapter.
(3)
The relocation of any such establishment from one location to another.
ELECTRONIC/VAPOR SUBSTANCE INHALATION LOUNGES
Those businesses where customers can smoke or inhale vapor from electronic/vapor substance inhalation products, commonly known as "electronic cigarettes," "e-cigarettes," "e-cigars," "e-cigarellos," "e-pipes," "e-hookahs," "electronic nicotine delivery systems" and other similar devices.
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 or contained source before inhalation.
HOOKAH BAR
An establishment that has on-site sales or rentals of hookah tobacco or nontobacco products and smoking accessories for consumption or use on the premises while also serving alcoholic beverages to patrons for consumption on the premises.
HOOKAH LOUNGE
An establishment that has on-site sales or rentals of hookah tobacco or nontobacco products and smoking accessories for consumption or use on the premises.
HOOKAH RETAILER
Any person or entity that operates a store, stand, booth, concession or other place at which sales, rentals, or other distributions including giveaways of tobacco, tobacco products, or nontobacco shisa products are made to persons for the purpose of consumption or use by such persons.
HOOKAH SHOP
Any store, stand, booth, concession or other place that either devotes a substantial portion of its display area (15% or more floor space) to hookahs to purchasers for consumption or use.
LAND USE AND DEVELOPMENT CODE
Chapter 240 of the Code of the Borough of Edgewater, County of Bergen, New Jersey, as it may be amended from time to time.
SMOKE or SMOKING
The intake and exhalation by a person of smoke from tobacco, a tobacco substitute or other weed or plant, and also possessing, carrying, holding or otherwise having control of a lighted pipe, cigar, cigarette or other lighted smoking equipment.
B.
These regulations are also subject to all definitions in the Code of the Borough of Edgewater.
§ 240-216 Conditional use permit required.
No person or business shall cause or permit the creation, substantial enlargement or transfer of ownership or control of any Hookah bar, lounge, shop or establishment without first obtaining and maintaining a conditional use permit as provided in this chapter.
§ 240-217 Development standards, general and specific.
An application for a conditional use permit shall only be approved upon a determination that all of the following standards have been met:
A.
The hookah bar, lounge, shop, or establishment may be located within the B-3 zone. No such establishment shall be permitted to be located on any parcel outside of this zoning classification.
B.
Hookah bar, lounge, shop, or establishment will meet the following minimum proximity requirements:
(1)
No such use or establishment shall be located within 2,000 feet of any other hookah bar, lounge, shop, or establishment.
(2)
No such use or establishment shall be located within 500 feet of any parcel of land zoned for residential use.
(3)
No such use or establishment shall be located within 1,000 feet of any parcel of land that contains any one or more of the following specific land uses:
(a)
Religious facility;
(b)
Courthouse;
(c)
Day nursery;
(d)
Public playground/park/recreation area;
(e)
School, vocational or professional institution; or
(f)
Institution of higher education, including community or junior college, college or university.
(4)
No such use or establishment located in a building sharing one or more common walls with another retail or commercial establishment, or sharing common attic space with any other use, shall permit smoking anywhere on the premises.
(5)
No such use or establishment shall permit the smoking of any cigarettes, electronic/vapor substance inhalation products, commonly known as "electronic cigarettes," "e-cigarettes," "e-cigars," "e-cigarellos," "e-pipes," "e-hookahs," "electronic nicotine delivery systems" and other similar devices.
C.
The regular development standards in the B-3 zone shall also apply to all hookah bars, lounges, shops, and establishments.
D.
The hookah bar, lounge, shop, or establishment shall be in compliance with the requirements of all health and safety codes, including, but not limited to, the building code, fire code, electrical code, mechanical code and plumbing code.
E.
The hookah bar, lounge, shop, or establishment meets the following minimum specific standards:
(1)
No person or business shall engage in the sale of tobacco or electronic vapor device products without first posting a plainly visible sign, with letters one inch in height, at the point entry that has wording similar to:
"THE SALE OF TOBACCO PRODUCTS, HOOKAHS, AND HOOKAH PRODUCTS TO PERSONS UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW AND SUBJECT TO PENALTIES. PHOTO IDENTIFICATION IS REQUIRED OF PURCHASERS APPEARING TO BE 26 YEARS OF AGE AND YOUNGER."
§ 240-218 Measure of distance.
Distance, without regard to intervening structures, shall be a straight line measured from the closest exterior structural wall of a hookah bar, lounge, shop, or establishment to the closest property line of a religious facility, courthouse, day nursery, public playground/park/recreation area, school, residential zone, vocational or professional institution, institution of higher education, including community or junior college, college, university, other hookah bar, lounge, shop, or establishment.
§ 240-219 Violations and penalties.
A.
Any person, firm or corporation violating any of the provisions of this article shall be subject to the issuance of a summons and complaint and may be charged with either an infraction or a disorderly persons offense.
B.
Each person found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which a violation of any section of this article is committed, continued or permitted by such person, and shall be punishable as provided for in the Borough Code. Any use or occupation of any building or structure maintained contrary to the provisions of this article shall constitute a public nuisance.
§ 240-220 License requirements.
A.
No person shall conduct maintain, or operate an establishment that sells, furnishes, or distributes hookah tobacco or nontobacco without first obtaining a permit from the Borough Department of Health.
B.
A license fee of $1,200 shall be paid to the Department of Health before any license shall issue.
C.
Licenses issued pursuant to this article shall be an annual license which shall expire on the 31st of December of each calendar year, regardless of when issued.
D.
Licenses purchased pursuant to this article that are purchased after July 1 of the calendar year will be sold for $600 and expire on the 31st of December of that calendar year.
E.
Licenses issued pursuant to this article are nontransferrable and nonassignable by sale or otherwise.
F.
Any person or entity found to be in violation of this section shall be ordered to cease and desist the operation, sale, furnishing and/or distribution of such products and/or devices.
§ 240-221 Enforcement.
The provisions of this article may be enforced by the Borough Health Officer, members of the Police Department, the Borough Building Department, the Borough Code Official and any other person so designated by the Borough of Edgewater.
§ 240-222 Repealer.
All ordinances or parts of ordinances inconsistent herewith are repealed as to such inconsistencies.
§ 240-223 Severability.
If any section, subsection, sentence, clause, phrase or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
§ 240-224 When effective.
This article shall take effect upon passage and publication as provided by law.
