[HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River 12-9-2008 by Ord. No. 4168-08.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Rental of accommodations to groups of minors — See Ch. 335, Art. II.
Smoking on school grounds — See Ch. 433, Art. I.
[1]
Editor's Note: This ordinance repealed former Ch. 462, Tobacco Products, Sale of, adopted 10-26-1994 by Ord. No. 3058-94.
As used in this chapter, the following terms shall have the meanings indicated:
ELECTRONIC SMOKING DEVICE
Any electronic product that can be used to simulate smoking in the delivery of nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigarillo, or electronic pipe and any cartridge or other component of the device or related product.
[Added 11-26-2019 by Ord. No. 4650-19]
HEALTH OFFICER
The Administrative Officer of the Toms River Township Board of Health and/or his or her authorized representative.
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 or tobacco or electronic smoking devices are made to purchasers for consumption or use and shall include persons or entities that own or operate vending machines and/or a vending machine location.
[Amended 11-26-2019 by Ord. No. 4650-19]
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.
VENDING MACHINE LOCATION
The room, enclosure, space or area where a tobacco vending machine is installed and operated.
[Amended 11-26-2019 by Ord. No. 4650-19]
A. 
It shall be unlawful for anyone, including a tobacco retailer, to sell, give, or permit be sold or given, to a person under 18 years of age, tobacco in any form, including electronic smoking devices.
B. 
It shall be unlawful for any person to purchase an electronic smoking device, tobacco, or tobacco product with funds furnished by a minor.
C. 
It shall be unlawful for any person to purchase an electronic smoking device, tobacco, or tobacco product with the intent to sell, give, or otherwise furnish such a product to a minor.
[Amended 11-26-2019 by Ord. No. 4650-19]
It shall be unlawful for a tobacco retailer to sell or permit tobacco products or electronic smoking devices to be sold to any individual under the age of 18 unless the seller has a reasonable basis for determining that the buyer is of the legal age of 18.
[Amended 11-26-2019 by Ord. No. 4650-19]
A. 
It shall be unlawful for any tobacco retailer to allow, suffer, or permit the sale of tobacco products or electronic smoking devices on his or her premises by any person under the age of 18 years.
B. 
In all retail establishments selling tobacco products or electronic smoking devices, a six-by-eight-inch sign shall be posted in a conspicuous place near the cash register stating the following:
SALES OF, OR OFFERS TO SELL, TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES TO A PERSON UNDER 18 YEARS OF AGE IS PROHIBITED UNDER STATE LAW AND TOWNSHIP ORDINANCES. VIOLATORS ARE SUBJECT TO PROSECUTION.
[Amended 11-26-2019 by Ord. No. 4650-19]
It shall be unlawful for a tobacco retailer to offer for sale or to sell any tobacco product or electronic smoking device through a vending machine in the Township, 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 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 19 years of age or older or other adults, in each premises, provided that the tobacco vending machine in each premises is:
(1) 
Located within the immediate vicinity of, or in plain view of, and under the control of a responsible employee of 19 years of age or older.
(2) 
Not located in a coatroom, 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 19 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 only 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 19, and only after the proprietor or employee has made the reasonable determination that the person wishing to use the tobacco vending machine is 19 years of age or older.
[Amended 11-26-2019 by Ord. No. 4650-19]
A. 
The Drug-Free School Zones established pursuant Chapter 269 of the Township Code are hereby also designated as Tobacco- Free School Zones, within which it is prohibited to sell, offer to sell, give, or permit to be sold or given to a person under the age of 18 tobacco in any form or an electronic smoking device in the area on or within 1,000 feet of school property.
(1) 
The Drug-Free School Zone Map[1] established pursuant to Chapter 269 of the Township Code is hereby amended and supplemented to incorporate the Tobacco-Free School Zones designated hereunder.
[1]
Editor's Note: Said map is on file in the Township offices.
(2) 
The Tobacco-Free School Zones established hereunder are co-extensive with the Drug-Free School Zones established pursuant to Chapter 269 of the Township Code and any future amendments or supplements thereto.
(3) 
All provisions governing the Drug-Free School Zone Map set forth under Chapter 269 of the Township Code shall apply to the Tobacco-Free School Zone Map established hereunder.
B. 
It shall also be unlawful for a person under 18 years of age to possess, smoke, or otherwise use a tobacco product or electronic smoking device or to possess in open view an opened carton or other container, as evidenced by a broken seal, holding a tobacco product in or on school property as defined in the Drug-Free School Zone/Tobacco-Free School Zone Map.
C. 
Except for premises described in § 462-5B, it shall be unlawful for a tobacco retailer to operate a vending machine that dispenses tobacco, tobacco products, or electronic smoking devices, or associated products, in or on any premises, or portion thereof within 1,000 feet of any public or private school or other property used primarily for school purposes.
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 § 462-5 of this chapter provides for a vending machine to be so equipped.
A. 
Any person, either acting directly or indirectly through an agent, who sells or offers for sale, gives away, delivers or otherwise furnishes to a person under the age of 19 years any tobacco or tobacco product, in any form, including smokeless tobacco or any other matter or substance which can be smoked, either from a vending machine or by retail counter sales, shall be given a warning pursuant to Subsection B of this section for a first offense and shall be fined $250 for second or subsequent offense.
B. 
The local Board of Health, or the board, body or officers exercising the function of a local Board of Health, having determined that a licensee or other person is in violation of this section, shall, by written notification, not later than 60 days after discovery of an alleged violation, advise the person of the violation and that any subsequent failure or refusal to comply with this chapter is subject to the fine prescribed in this chapter.
C. 
Any penalty recovered under the provisions of this chapter shall be recovered by and in the name of the local Board of Health. The penalty recovered shall be paid by the local Board into the treasury of the municipality where the violation occurred.
D. 
Every Municipal Court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of the violation of any provision of this chapter, if the violation has occurred within the territorial jurisdiction of the Court. The proceedings shall be summary and in accordance with the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.).[1] Process shall be in the nature of a summons or warrant and shall be issued by the local Board of Health or the municipal law enforcement authority.
[1]
Editor's Note: See now the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq.
E. 
The Health Officer or his or her designee, or any other person charged with enforcement of this chapter, after giving proper identification, may inspect any matter, thing, premises or place as may be necessary for the proper enforcement hereof.
F. 
It shall be unlawful for any person to oppose or otherwise obstruct a Health Officer, or his or her designee, in the performance of duties hereunder, and he or she may request the assistance of a law enforcement agency or peace officer when necessary to execute his or her official duty in a manner prescribed by law.
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 fined not less than $100 nor more than $500 for each day placement of the vending machine is in violation of this chapter.
This chapter shall be liberally construed for the protection of the health, safety and welfare of the people of this municipality.