The Highland Park council is seeking to impose a $1,200 annual fee on all borough vape shops.
HIGHLAND PARK -- In the absence of federal and state licensing requirements for electronic smoking retailers, the Highland Park Borough Council is taking action, seeking to impose a $1,200 annual licensing fee on all of its vape retailers.
Last week, the borough council approved a proposed ordinance on first reading by a 5-0 vote with one abstention.
If passed, the money collected from the ordinance would fund an enforcement program allowing local health officers to conduct "random, unannounced compliance check inspection," according to the state Department of Health's website.
The program would also include an educational component in which underage youth would accompany enforcement officials on these random compliance checks.
There are currently nine vape shops in the borough. Shops found in violation could face fines between $100 and $2,000.
Whether the ordinance could potentially hurt businesses, Councilman Josh Fine said the health of residents remains the borough's first priority.
"I am aware that it is possible that certain businesses in Highland Park's downtown may decide to discontinue selling electronic smoking devices due to the license fee, as has already happened in other municipalities that have enacted similar ordinances," Fine said. "If adopting this ordinance results in there being fewer electronic smoking devices available for sale in Highland Park, I believe that will be a positive development for our residents."
The borough hasn't been shy to implement smoking regulations in the past few years.
Last year, it passed an ordinance prohibiting the sale of cigarettes and electronic smoking devices to anyone under 21 years old. Even though the age to buy cigarettes in the state is 19, municipalities have the authority to regulate the sale of tobacco and nicotine products.
"From the research we've learned that many of the young people who start with e-cigarettes wind up addicted to tobacco and become regular cigarette smokers at a later age," said Mayor Gayle Brill Mittler. Therefore, she added, the council merely wants to ensure retailers are not "encouraging young people to begin smoking."
Public hearing and final vote on the ordinance will be held on Tuesday, April 5 at 7 p.m. at Borough Hall located at 221 South Fifth Ave.
If approved, the measure would go into effect beginning July 1 with a prorated fee of $600.
Spencer Kent may be reached at skent@njadvancemedia.com. Follow him on Twitter @SpencerMKent. Find the Find NJ.com on Facebook.