File
ID:
24-
0145
City
of
Newark
Ordinance
6PSF-
c
04/
10/
2024
Type:
Ordinance
City
Hall
920
Broad
Street
Newark,
New
Jersey
07102
Status:
Adopted
AN
ORDINANCE
AMENDING
TITLE
VIII,
BUSINESSES AND
OCCUPATIONS,
OF
THE
REVISED
GENERAL
ORDINANCES
OF
THE
CITY
OF
NEWARK,
NEW
JERSEY,
2000,
AS
AMENDED
AND
SUPPLEMENTED,
BY
CREATING
CHAPTER
39,
SMOKE
SHOPS,
AND
ESTABLISH
RULES
AND
REGULATIONS.
Deferred
8-a
022124
WHEREAS,
the
municipality
is
instituting
an
ordinance
to
be
adopted
establishing
Rules
and
Regulations
for
local
businesses
categorized
as
Smoke
Shop
Establishments:
and
WHEREAS,
the
purpose
of
this
section
is
to
regulate
the
operation
of
retailers
also
known
as
sellers, vendors,
and
suppliers
of
tobacco
and
tobacco products,
and
smoking
paraphernalia,
in
the
City of
Newark (
the " City')
in
order
to
sustain
the
vitality
of
the
City'
s
commercial
areas
and
the
quality
of
life
for
the
City'
s
residents
and
visiting
patrons;
and
WHEREAS,
establishing
the
appropriate
regulations
will
assist
with
alleviating public
nuisances
and
shall
prohibit
violating
state
Cannabis
Law
and
the
unauthorized
sale
o€
Cannabis
in
suchestablishiTlents;
and
WHEREAS,
the
City of
Newark'
s
objective
is
to
adequately
maintain
and
protect
alit;
health
while
effectively
serving
the
business
and
residential
community,
and
promoting
economic
expansion
and
redevelopment
throughout
the
City::
and
WHEREAS,
N.
J.
S.
A.
40: 48-
2
authorizes
a
municipality
to
make,
amend,
repeal,
and
enforce
such
other
ordinances, regulations,
rules
and by-
laws
not
contrary
to
the
laws
of
this
state
or
of
the United States, as
it
may deem
necessary
and
proper
for
the
good
government,
order
and
protection
of
persons
and
property,
and
for
the
preservation
of
the
public
health,
safety
and
welfare
of
the
municipality
and
its
inhabitant.
NOW
THEREFORE,
BE
IT
ORDAINED
BY
THE
MUNICIPAL.
COUNCIL
OF
THE
CITY
OF
NEWARK,
NEW
JERSEY,
THAT:
Note:
Additions
are
shown
as
underlined
and
bold.
Deletions are
shown
as
ctrikethroughs.
SECTION
1:
Title
VIII,
Businesses
and
Occupations
be
amended
to
add
Chapter
39,
entitled
Smoke
Shops`
as
follows:
SMOKE
SHOPS
City
of
Newark
Page
1
Printed
on
4/
11/
2024
Ordinance
Continued (
24-
0145)
8:
39.-
1
DEFINITION .
HOOKAH
rnean
e
CO
onl
but
and
smoking tobacco,
flavored
cannabis
basinbefo
other
substances
i
h
obacc
always,
a@skpf
qlass,
used
for
vaporizing
non -
flavored
tobacco,
shisha,
dried
fruits.
which
vapor
or smoke
is
passed
through
a
water
HOOKAH
BAR/
LOUNGE
means
business
establishments
devoted
primarily
to
the
on-
site
sale
or
rental
of
shisha (
hookah)
and
paraphernalia
for
consumption
or
use
on
the
premises
of
alcoholic
and/
or
nonalcoholic
establishments.
LICENSEE
means
person(
s.)._
holding
a
City
af
Newark
business
license
operationaf
a
srnokeshop.,
to
the
SMOKING
PARAPHERNALIA
means
any
equipment,.
apparatus
or
furnishings
that
is
used
in
or
necessary
for
the
activity
of
smoking.
This
includes,
but
is
not
limited
to,
ashtrays.
rolling
paper.
pipes,
hookah
pipes,
electronic
vasor
devices
electronic
vapor
inn
ion
substances,
ci.
arettes
and
ci
ars.
SMOKE
SHOP
means
any
premises
dedicated
to
the
display.,
sale
distribution,
deliverer
offering,
furnishing,
or
marketing
of
tobaccd,
tobacco
products,
tobacco
paraphernalia
includins
but
not
limited
to
ovidin
an
area
for
smoking
tobacco
products
but
excludi
an •
race
store
er
a
k
convenience
storeor
similar
retail
use
that
sale
tobaccoproducts
shall
not
be
included
within
the
definition
of
smoke
shop.
SMOKE
SHOP
LICENSE
shali
mean
a
license
that
is
issued
by
the
City
of
Newark'
s
Office
of
Central
Licenses
and
Permits
allowing
and
permitting
the
operations
of
sioke
shop
establishments
and
the
sale
of
smokin
a
hernalla
which
includes.
but
is
not
limited
to,
ashtrays,
rolling
paper.
pipes,
hookah
pipes.,
electronic
vapor
devices,
electronic
vapor
inhalation
substances,
cigarettes, cigars,
etc.
0:
39-
2
GENERAL.
STANDARDS &
SPECIFICAT(
ONS.
Smoke
Shop
Establishments
a)
All
Smoke
Shops
shafl
be
located
within
the
designated
C..
2
and
C-
3
zones.
Establishments
located
outside
of the
zoning
classification
shall
not
be
permitted,
b)
No
person
or
business
shall
sell
tobacco,
electronic
smokin
devices,
and/
or
products
used
to
deliver nicotine
without
possessing
the
required
state
and
mun'
cipal
licensing.
c)
No
person
shall
se
or
offer for
sale
tobacco,
electronic
srnokinq
devices,
and/
or
products
used
to deliver
nicotine
includin
but
not
i
ed
to
an
electronic
City
of
Newark
Page
2
Printed
on
4/
11/
2024
Ordinance
Continued (
24.
0145)
cigarette.
cigar, .
ciparillo,
pipe
and/
or
cartridges
to
arty
persons
under
the
age
of
d)
Establishments
shall
not
be
permitted
to
sell
flavored
electronic
vapor
devices.
e)
Pursuant
to
N.
J.
A.
C.
8:
6.
prohibited.
s
of
srnotdn.
in
an
indoor
public
place
strictly
f)
Pursuant
to
N. . .
A.
5440A-
4.
1,
all
licensed
Smoke
Shops (
merchants) must
post
the
required
signage
within
the
stablishmet
visible
area
with
the
following
verbiage:
A
PERSON
WHO
SELLS
OR
OFFERS
A
TOBACCO
PRODUCT
TO
A
PERSON
UNDER
21
YEARS
OF
AGE
SHALL
PAY A
PENALTY
OF
UP TO
Ill
000
AND
MAY
BE
SUBJECT
TO
A
LICENSE
SUSPENSION
OR
REVOCATION.
PROOF
OF
AGE
MAY
BE
REQUIRED
FOR
PURCHASE."
gi
No
owner,
operator,
and/or
attendant
shall
en'
a e
in
the
selim
of
Cannabis
in
any
form
without
obtain
he
uired
s
and
munic.
aI
licenstn
h)
Establishments
shall
be
permitted
to
sell
hemp -
derived
cannabinoids
including,
but not
limited
to.
CBD
oil,
capsules,
del,
edibles (
non -
perishables),
etc.
No
business
shall
sell
hemp -
derived
cannabinoids
exceedin
THC
tetrahydrocannabinol)
level
of
0.
3%.
All
hemp -
derived
cannabinoids
shall
be
appropriately
packaged
in pre-
packaged
containers,
identified
and
labeled by
the
manufacturer.
Labeling
shall include:
1.
Name
addressnd
el
hon
nurnber
of
the
manufacturer
2.
Sequential
serial
number
and
barcode
to
identify
batch
3.
Servingsize
and
the
tot -
I
number
of
s
rvin
s
4.
THC
and
CBD
amountin
milti
rams
and
number
of
milligrams
in
a
single
servin
size.
5.
Net
weight
and
quantity
ofthe
ite
containedin
the
acka
e
6.
Ingredients
7.
Allergens
8.
Nutritional
content
9.
Expiration
Date
and
Manufacturinq
Date
City
of
Newark
Page
3
Printed
on
4/
11/
2024
Ordinance
Continued (
24-
0145)
10.
Warning
and
caution
staternen
11.
Proper
use
and
storage
instructions
Hookah
Bar/
Lounge
E
a)
ablish
okah
Bars/
Loun
ents
are
prohibited
with •
e
Cit
of
Newark.
b)
No
establishment
shall
sell
hookah
and/
or
allow
patrons
to partake
n
t
consumption
of
hookah
onthe
premises.
8:
39.-.
3
LICENSE
REQUIRED.
Any
person (
licensee)
who
owns
or
perates
an
establishment
classified
as
a
Smoke
Shop
andior
intends
to participate
in
the
offering
of such
services
and
associated
products
shall
be
required
to
file
a
Smoke
Shop
Business
License
application
with
the
Office
of
Central
Licensing
and
Permits.
The
appropriate
license
fee
to
operate
said
establishment
must
be
rendered
to
the
municipality
prior
to
o
e
ain*
awfuH
in
the
city
of
Newark.
8:
39-4
APPLICATION
FOR
LICENSE &
TERM
OF
LICENSE.
a)
Application •
for
licenses
in
accordance
with
the
re
t_
gktLons
f(
2ke
Shops
shall
be
filed
with
the
Office
of
Central
Licensing
and
Permits
via
the
desi
nated
Business
License
portal.
The
following
shall
ensue
upon
completion
of
the
application:
1.
Applicant
Apphcant
shafl
remit
the
established
license
fee.
2.
Applicant
must
complete
and
file
additional
applications
for
licensing
coinciding
with
the
primary
license
described.
3.
Applicant
shall
comply
with
a
Department
of
Finance,
Heafth
Newark
Police
De
en
r
s
ctive
Cit
a.
endes
includin
the
De
ent,
Department
of
Engineering,
and
the
Newark
Fire
Department.
b)
No
person
shall
operate
in
the
manner
to
sale
or
distribute
under
these
regulations
without
first
obtaining
the
proper •
ermit
frorn
the
Office
of
Central
Licensing
and
Permits.
c)
A
license
fee
of
One
Thousand
Dollars
and
Zero Cents
000.
00 ,
a
be
remitted
to the Office
of
Central
Licensing
and
Permits
prior
to
the
distribution
of
licensing.
d)
Ucenses
issued
pursuant
to
the '
roniui
ated
re*
utations
shallbe
deerned
an
annualicense
which
shall
expire
on the
31st
of
December
of
each
calendar
City
of
Newark
Page
4
Printed
on
4/
11/
2024
Ordinance
Continued (
24-
0145)
year
regardless
of
issuance
date.
Owner
with
the
City'
s
biennia/
schedule,
ust
renew
SG
in
accordance
e)
Smoke
Shop
licenses
shall
not
be
transferrabe
or
ass.
nabe
b
sak
or
otherwise.
8:
39-5
HOURS
OF
OPERATIONS.
a)
Smoke Shops
may
only
operate
between
the
hours
of
9:
00am
through
10:
00p.
m.
daily,
8:
39-
6
INSPECTION.
All
Smoke
Shop
establishments
mus
coveri
access
Qperator
and
a
for
the
Cit
access
to
ts
remises
a
tine
during
operating
hours
to
conduct
an
inspection.
Refusalto
provide
ccrise
uenti
resuft
in
immediate
closure
of
the
establishment.
Owners/
esume
opgLatimsli
on
the
completion
of
inspection
sha
al
heari
be
allowed
to
8:
39-
7
MERCHANDISING &
ADVERT
SEMENT.
a)
AH
items appealing
to
likeness
of
mnors
shall
be
kept
in
a
secured
location
on
the
premises
in
which
an
operatingattendant
only
has
access
for
distribution.
1Secured
location
may
be
defined
as
locked glass
casing
and/
or
shelving
with
limited
to
no
public
access.
b)
To
ensure safet
and
the
rohibition of
underage
use,
no
person
shall
advertise
any
product
in
a
manner
that
will
tariet
aIt
4
eal
to and
or
attract
an
individual
undge
llrnt.
8:
39-
8
VIOLATIONPENALTY,
a)
Any
person
in
violation
of this
Chapter
provisions
shall
be
subjected
to th
issuance
ofsummons
and
all
established
fines:
1.
lst
offense,
a
minirnun
firio
of $
750
with
a
maximum fine
of
up
to
1,
000.
00.
2.
2nd
offense,
a
minimum fine of $
750 ,
with
a
maximumfine
of
up
to
1,
500.
00
and
community
service
for
a
period
of
90
days;
3.
3rd
offense,
a
minimum
fiatoLILL:
ivith
a
maximum
fineofupto
2,
000.
00
and
permanentrevocation
of
license
issued.
b)
Persons)
in
viola
ion
or
found
guilty
of
offenses
spelled out
in
this
Chapter
City
of
Newark
Page
5
Printed
on
4/
11/
2024
Ordinance
Continued (
24-
0145)
shall
be
considered
guilty
of
each
offense
each
day
of
occur
partiesshall
be
punishable
as
stated
in
the
Ci
of
Newark'
s
Code,
8:,'
39-
9
REVOCATION
OR
SUSPENSION
OF
LICENSE
ce.
All
vi
ingg
The
Director
andlor
the
designee
shall
have
the
power
to
sus.
end
or
revoke
for
cause
any
such
license.
Reasonable
causes
for
suspension
or
revocation
of
a
license
issued
accordin
to
the •
rovisions
of
this
cha.
ter
shall
include,
but
are
not
limited
to
the
following:
i.
Licensee
has
habitualoffenses
violating
the
provisions
of
this
chapter.
2.
Licensee
fails
to
possess
a
Certificate
of
Occu•
anc
establish •
authorized
use
for
a "
Smoke
Shop".
3.
Licensee
fails
to
obtain
andlor
renew
groper
licensure
within
the
designated
time •
eriod
from
the
Office
of
Central
Llcensin.
and
Permits.
8:
39.
1Q
ENFORCEMENT.
Provisions
of
this
Chapter
may
be
enforced
by
the
City
of
Newark'
s
Code
Enforcement
Division,
designated
mernbers
of the
Newark
Police
Department,
and
Health
Officers.
SECTION
2.
The
provisions
of
this
Ordinance
are
severable.
To the
extent
any
clause,
phrase,
sentence,
paragraph or
provision
of
this
Ordinance
shall
be
declared
by
a
court
of competent jurisdiction
to
be invalid,
illegal,
or
unconstitutional,
the
remaining
provisions
shall
continue
in
full
force
and
effect.
SECTION
3.
The
Ordinance
shall
take
effect
upon
final passage
and
publication
in
accordance
with
the laws
of
the State
of
New
Jersey.
SECTION
4.
Codification.
This
Ordinance
shall
be
a
part
of
the
Code
of
the City
of
Newark
as
though
codified
and
fully
set forth
therein.
The City
Clerk
shall
have
this
Ordinance
codified
and
incorporated
in
the
official
copies
of
the Code.
The
City
Clerk
and
the
Corporation
Counsel
are
authorized
and
directed
to
change any
Chapter,
Article
andlor
Section
number
of
the
Code
of
the
City
of
Newark
in
the
event
that
the
codification
of
this
Ordinance
reveals
that there
is
a
conflict
between
the
numbers
and
the
existing
Code,
and
in
order
to
avoid
confusion
and
possible
accidental
repeaters
of
existing
provisions
not
intended
to
be
repealed.
STATEMENT
his
Ordinance
amends
Title
VW,
Businesses
and
Occupations
to
create
Chapter
39.
entitled "
SmokeShops"_
City
of
Newark
Page
6
Printed
on
4/
11/
2024
Ordinance
Continued (
24.
0145)
Approval
History
Version
Seq #
Action
Date
Approver
Action
DueDate
1 1
1/
30/
2024
Jolanda
Williams
Approved
2/
1/
2024
1
3
1/
31/
2024
Jeannet
Pavez Delegated
1
4
2/
1/
2024
Megan
Oduyela
Approved
as
Modified
2/
2/
2024
1
6
2/
2/
2024
Eric
S.
Pennington
Approved
2/
5/
2024
1
7
2/
5/
2024
Safiyah
Wadud
Approved
as
Modified
2/
9/2024
1
8
2/
14/
2024
Michelle
Nelson
Approved
as
Modified
2/7/
2024
1
9
2/
15/
2024
Kenyatta
Stewart
Approved
2/
16/
2024
History
of
Legislative
File
Ver-
Acting
Body:
Date:
Action:
sion:
Sent
To:
Due
Date:
Return
Result:
Date:
1
Municipal
Council
02/
21/
2024
Defer
Action
Text:
A
motion
was
made by
Council, seconded
by
Kelly
to
Defer.
The
motion
was
adopted
by the following
votes:
Mover:
Patrick
0.
Council
1
Municipal
Council
Action
Text:
Yes:
9 -
Patrick
Council.
C.
Lawrence
Crump,
Carlos
Gonzalez,
Dupre
Kelly,
Luis
Quintana,
Anibal
Ramos
Jr.,
Louise
Scott -
Rountree,
Michael
Silva
and
LaMonica
Mclver
03/
06/
2024
Advance
to
First
Reading
A motion
was
made
by
Council,
seconded
by
Ramos,
Jr.
to
Advance
to
First Reading.
The motion
was
adopted
by
the following
votes:
Mover:
Patrick
t).
Council
1
Municipal
Council
Action
Text:
Yes:
9 -
Patrick
Council,
C.
Lawrence
CYump,
Carlos Gonzalez, Dupre'
Kelly,
Luis
Quintana,
Anibal
Ramos
Jr..
Louise
Scutt -
Rountree,
Michael
Silva
and
LaMonica
Mclver
03/20/
2024
Adopt
on First
Reading
A motion
was
made
by
Council,
seconded
by
Scott -
Rountree
to
Adopt
on First
Reading.
The
motion
was adopted
by
the
following votes:
Mover:
Patrick
0.
Council
1
Municipal
Council
Action
Text:
Yes:
9-
Patrick
Council,
C.
Lawrence
Crump,
Carlos
Gonzalo.,
Dupre
Kelly,
Luis
Quintana.
Anibal
Ramos
Jr..
Louise
Scott -
Rountree.
Michael
Silva
and
LaMonica
Mcivcr
04/
10/
2024
Close
on
Public
Hearing
and
Adopt
Eric
S.
Pennington,
Business
Administrator,
commented.
Public Hearing opened.
Comments
were
made
by
Felicia Alston -
Singleton
and
Shakir
McDougald.
A motion was
made
by
Council,
seconded
by
Scott -
Rountree
to
Close on
Public
Hearing
and
Adopt.
The
motion
was
adopted
by
the
following
votes:
Mover:
Patrick
0.
Council
Yes:
9 -
Patrick
Council,
C.
Lawrence Crump.
Carlos
Gonzalez,
Dupre'
Kelly.
Luis
Quintana,
Anibal
Ramos Jr..
Louise
Scott -
Rountree,
Michael
Silva
and
LaMonica
McIver
Pass
Pass
Pass
Pass
9
9
9
9
City
of
Newark
Page
7
Printed
on
4/
11/
2024
Ordinance
Continued (
24.
014]
Approvedor
Rejected
By
Certified
By
Ras
J. :
araka,
Mayor
Kecia
Daniels,
City
Clerk
Date
Date
m/
2
City
of
Newark
Page
8
Printed
on
4111/
2024
