WILDWOOD – The Wildwood Board of Commissioners was scheduled to pass an ordinance on Wednesday, Aug. 14, allowing the city to be more active in policing the sale of flavored vape products, but on Tuesday, Aug. 13, the Wildwood Police Department Detective Division was working with state tax department agents, arresting eight people and seizing tobacco and vape products at boardwalk stores.
Wildwood detectives, working with special agents from the state Department of the Treasury Division of Taxation responded to several businesses on the boardwalk that had been identified as being associated with the distribution of tobacco and vapor products. Investigators required business owners to provide valid licenses in order to distribute their tobacco products. One business, WPD said in a press release, located at 3210 Boardwalk, was closed for a brief time for not providing the appropriate licenses. All tobacco and vape products were seized on site by the special agents.
In addition, several investigators from the New Jersey Office of Attorney General Division of Consumer Affairs served multiple boardwalk business owners with notices of violation for distributing flavored vapor products, as a result of a preliminary operation conducted in June.
The eight charged by the WPD Detective Division included: Ali Ezzeldin, 31; Erez Ascandrani, 44; Udi Hayut, 55; Shehab Taher, 27; George Geris, 30; Ahmed Soliman, 39; Laurent Perez, 47; and Sami Tavrizi, 47. All eight were charged with sales of flavored vapor products where prohibited, a disorderly persons offense.
All eight business owners were issued summons complaints.
On Jan. 21, 2020, Gov. Phil Murphy signed Senate Bill S3265, which created a permanent ban on flavored vape products. The ban took effect on April 21, 2020. The legislation also bans the importation of flavored e-juice.
Wildwood Ordinance 1298-24 passed on second reading on Aug. 14. The intention of the ordinance was to create a local license for tobacco and vape products, which would supplement state law banning flavored vape and tobacco products.
City Solicitor Steve Morris said the city adopted the ordinance so it could identify and inventory certain stores to ensure compliance with state law. Morris said the law would be aimed at 2025 in terms of enforcement, but would allow the city to enforce state law though the code enforcement office.
“We will be going full bore next year,” Morris said.
Ordinance 1298-24 creates a new chapter in the municipal code, titled, “Retail Electronic Smoking Device Establishment Regulations.” The ordinance creates a yearly license, and a $500 fee, for any business selling tobacco and vape products. Morris said the license would help the city identify those selling electronic smoking products by maintaining a list of licensed stores.
“Some stores sell T-shirts, for example, and they have vapes behind the counter,” Morris said.
The electronic smoking device license is in addition to any state regulations.
He said the local ordinance helps put the obligation on the business owner to comply or face a $1,000 fine for a first offense, $1,500 for a second offense, and $2,000 for a third and subsequent offenses. Licenses may be revoked if the license holder is found to be in violation twice in one licensing year, or five violations at any time.
The ordinance may be enforced by the code enforcement officer or any police officer. Without the ordinance the city had to rely on the Division of Consumer Affairs to enforce compliance with state laws.
A member of the public complimented the commissioners upon taking action to prevent the sale of vapes, especially to minors. The speaker said he had witnessed vapes and marijuana being sold to minors. The City of Wildwood does not have any licensed cannabis outlets in the city, but there are hemp and delta-8 product retailers.
Contact the reporter, Christopher South, at csouth@cmcherald.com or 609-886-8600, ext. 128.
