As used in this chapter, the following terms shall have the meanings
indicated:
HEALTH OFFICER
The Administrative Officer and the Oceanport Board of Health and/or
his or her authorized representatives.
LICENSED PREMISES
Any place licensed by the State of New Jersey to primarily sell at
retail beer, wine and mixed spirits for consumption on the premises.
PERSON
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee or any other legal entity.
TOBACCO
Any product made from the tobacco plant for the purpose of smoking,
chewing, inhaling and 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 sales of tobacco are made to purchasers for consumption
or use, and shall mean a person or entity that owns or operates a vending
machine and/or a vending machine location.
VENDING MACHINE
Any automated, self-service device which, upon insertion of money,
tokens or any other form of payments, dispenses cigarettes or other tobacco
products.
It shall be unlawful for anyone, including a tobacco retailer, to sell,
give or permit to be sold or given to a person under 18 years of age, tobacco
in any form.
It shall be unlawful for a tobacco retailer to sell or permit tobacco
products to be sold to any individual under the age of 18 years unless the
seller has a reasonable basis for determining that the buyer is of legal age
(18 or over).
It shall be unlawful for any tobacco retailer to allow, suffer or permit
the sale of tobacco products on his or her premises by any person under the
age of 18 years.
It shall be unlawful for a tobacco retailer to offer for sale or to
sell any tobacco products through a vending machine in this municipality,
except in the following instances:
A. In any premises or portion thereof to which access by
minors is expressly prohibited by law or by the expressed policy of the owner
of the premises; provided, however, that the tobacco vending machine is:
(1) Located fully within such premises or section of premises,
from which minors are prohibited.
(2) Under the visual supervision of the tobacco retailer
or his or her adult employee so that all purchases from the machine are readily
observable.
(3) Inaccessible to the public eye when the businesses are
closed.
B. In any premises such as a factory, business, office,
industrial plant or other place where the public is generally not given access
and where such machines are intended for the use of employees 18 years of
age or older or other adults and the tobacco vending machines in each premises
is:
(1) Located within the immediate vicinity of, or in plain
view of and under the control of, a responsible employee 18 years of age or
older.
(2) Not located in a coat room, rest room waiting area or
similar unmonitored area and is inaccessible to the public when the establishment
is closed.
C. In any premises or portion thereof where the principal
use is for the retail sale of alcoholic beverages pursuant to the "New Jersey
Alcoholic Beverage Control Act," N.J.S.A. 33:1.1 et seq., where access by
persons under 18 years of age is prohibited by law, provided that the tobacco
vending machine is:
(1) Located fully within such premises or section of premises
from which minors are prohibited.
(2) Inaccessible to the public when the premises are closed.
D. In all other instances, locations and places, a tobacco
vending machine shall be permitted to operate if the operation of the machine
to vend tobacco products is possible only by the activation of an electronic
switch or other device which is controlled by the proprietor or employee at
or over the age of 18 and only after the proprietor or employee has made the
reasonable determination that the person wishing to use the tobacco vending
machine is 18 years of age or older.
Except on premises as described in §
315-5B of this chapter, it shall be unlawful for a tobacco retailer to operate a tobacco vending machine in any premises or portion thereof located within 200 feet of any public or private school or other property used primarily for school activities.
It shall be unlawful for any tobacco retailer responsible for the operation of a tobacco vending machine to remove, disconnect or otherwise disable the remotely activated electronic switch or device on a tobacco vending machine in a location where §
315-5 of this chapter provides for a vending machine to be so equipped.
A tobacco vending machine which is not permitted under this chapter may be taken into custody by municipal authorities. Any machine so taken shall be returned to its owner upon payment of the reasonable costs incurred in connection with the taking. As an alternative or in addition to the provisions of this section, any person licensed as a retail dealer under the "Cigarette Tax Act" (N.J.S.A. 54:40A-1 et seq.), for each unauthorized tobacco vending machine remaining at any prescribed location after the effective date of this chapter may be subject to §
315-10 for each day placement of the vending machine is in violation of this chapter.
The penalty for violation of any provision of this chapter shall be as set forth in Chapter
1, §
1-15, General penalty.
This chapter shall be liberally construed for the protection of the
health, safety and welfare of the people of this municipality.