[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)]
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.
As used in this article, the following terms shall have the meanings
indicated:
The Franklin Township Board of Health which may be referred to in
this article as the "Board of Health," "Department" or "Board."
The Administrative Officer of the Franklin Township Board of Health
and/or his or her authorized representatives.
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.
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.
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.
Any automated, self-service device which, upon insertion of money,
tokens or any other form of payment, dispenses cigarettes or other tobacco
products.
Any room, enclosure, space or area where a tobacco vending machine
is installed and operated.
All tobacco product vending machines and self-service displays shall
be removed within 30 days from the effective date of this article.
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.
This article shall be enforceable by the Franklin Township Board of
Health or its designated representatives or the Hunterdon County Department
of Health.
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).
