EAST BRUNSWICK–The Borough Council introduced an ordinance amending the township code to raise retail electronic smoking device store’s license fees.
According to the proposed ordinance, no one can operate a retail electronic smoking device establishment in the township without having first obtained a license from the clerk and having paid the required license fee. The fee for a Retail Electronic Smoking Device Establishment would be $1,500 for an initial license and $1,000 per year thereafter, according to the council agenda.
Previously, the initial license fee was $250 and $75 per year afterward, according to the council agenda.
Licenses are required on an annual basis to be valid from Jan. 1 and expire automatically on Dec. 31 of each year, according to the council agenda.
The council introduced and approved the ordinance on Sept. 23. The final reading is scheduled for Oct. 14.
Councilman Kevin McEvoy said, “I see what we are doing here is we are raising the rates for licensing and the renewal of the license. … Instead of raising the rates in an effort to, the way I see it, scare off the next wave of vape shops, why don’t we simply go for a ban?”
Township Attorney Michael Baker said a ban would be unconstitutional in New Jersey.
“The mayor had similar concerns [like] you, but the reason for the increase of the fees is because of what we are reading in the newspapers and the fact that the FDA [U.S. Food and Drug Administration] and other agencies have instituted new stringent guidelines on what can and can’t be sold and who it can be sold to,” Baker said. “So that will increase the cost to the town for inspectors and police for monitoring these facilities. So that is the reason for the increase, to compensate the town for the added costs of these new rules and regulations that are coming into effect.”
Baker said such shops are currently legal, and the township is not allowed to ban something that is legal.
Baker said his staff surveyed some the surrounding communities and East Brunswick’s proposed fees are consistent with South Brunswick, which seemed to be the highest in the area.
For more information, visit www.eastbrunswick.org/content/885/101/default.aspx.
Contact Vashti Harris at [email protected].