Borough changes code regarding sale of vaping/e-cigarette and CBD

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POINT PLEASANT BEACH — The borough council amended restrictions on the sale of vaping, electronic cigarette and CBD products in Point Pleasant Beach, removing several types of facilities from the list of places with a prohibition zone of 1,000 feet from such sales.

The changes omit state or county universities or colleges, funeral homes, health services facilities and assisted living facilities or group homes, originally added to the code in September. Sales of vaping/e-cigarette and CBD products are no longer required to maintain a minimum distance of 1,000 feet from such sites.

According to Mayor Paul Kanitra, the borough’s attorneys felt the ordinance needed to be “tighter legally and technically” in scope resulting in the changes above.

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Tuesday’s vote amended Chapter 19 of the borough code, entitled Development, to further regulate land use of the borough. Establishments that sell vaping/e-cigarette and CBD products are not allowed to be within 1,000 feet of the nearest uses located in the borough: schools, other vaping/e-cigarette and/or CBD establishments, places of worship, parks, lakes, rivers, playgrounds and commercial recreational facilities. 

On Sept. 1, the borough council approved code changes refining rules regarding the sale of vaping, e-cigarettes and CBD products. Those changes, in Ordinance 2020-19, added specific zoning conditions for the location of businesses that sell such products. The new subsection was entitled “Sale of Vaping/E-cigarettes and CBD products.”

“It’s not outlawing any of these things,” Mayor Kanitra said in September. “It’s not putting anyone out of business. It’s simply tightening up where they go since we want downtown to focus on shopping, dining and entertaining.”

The mayor said the ordinance will help in the revitalization of downtown.

“That Arnold and Bay [avenues] corridor is vital, so we’re trying to leave that open for uses where people are going to come and recreate downtown throughout the day,” he added. 

Councilmembers Bob Santanello and Andy Cortes voted against both the September change, as well as Tuesday’s amendment. 

“[As a] Libertarian, not a fan of government telling businesses where they can operate from unless there is an environmental stumbling block,” Mr. Santanello said in September. 

“I also don’t think we should be judging business in their attempts to be more successful especially in these challenging economic times,” said the councilman. 

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