Township of Franklin, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Franklin as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-28-1995 by Ord. No. 95-15 (Ch. 123 of the 1988 Code)]

§ 330-1 Findings of fact.

A. 
The Surgeon General of the United States has called for a ban on the sale of cigarettes by vending machines.
B. 
The State of New Jersey has banned the sale or furnishing of cigarettes or tobacco in any form to minors under N.J.S.A. 2C:33-13.1.
C. 
The Township is authorized to enact ordinances as it may deem necessary and proper for the protection of persons and for the preservation of the public health, safety and welfare of the people of Franklin Township, provided that such ordinances are not contrary to the laws of the State of New Jersey or of the United States.

§ 330-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
BOARD OF HEALTH
The Franklin Township Board of Health which may be referred to in this article as the "Board of Health," "Department" or "Board."
HEALTH OFFICER
The Administrative Officer of the Franklin Township Board of Health and/or his or her authorized representatives.
SELF-SERVICE
The ability of any person to come into possession of any tobacco product without first having demonstrated to the tobacco retailer that the person is of legal age to possess a tobacco product.
TOBACCO PRODUCT
Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling or other personal use, including cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
TOBACCO RETAILER
Any person or entity that operates a store, stand, booth, concession or place at which sale or distribution of tobacco products is made to persons for consumption or use, by individuals or by vending machine.
VENDING MACHINE
Any automated, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarettes or other tobacco products.
VENDING MACHINE LOCATION
Any room, enclosure, space or area where a tobacco vending machine is installed and operated.

§ 330-3 Mandatory removal of machines.

All tobacco product vending machines and self-service displays shall be removed within 30 days from the effective date of this article.

§ 330-4 Sale through machines prohibited.

It shall be unlawful to provide by sale or otherwise tobacco products to any person by means of a self-service display or vending machine.

§ 330-5 Enforcement.

This article shall be enforceable by the Franklin Township Board of Health or its designated representatives or the Hunterdon County Department of Health.

§ 330-6 Suspension of retail food license.

The Board of Health may suspend the retail food establishment license of any person convicted of violation of this article for a period of not more than three days, pursuant to the authority of the Health Commission to license and regulate food establishments as provided by N.J.S.A. 26:3-31(c).

§ 330-7 Violations and penalties.

A. 
Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to the penalties provided in Chapter 1, Article I, General Penalty, for each offense.
B. 
The Board of Health may also seek injunctive relief in appropriate cases.