[HISTORY: Adopted by the Board of Commissioners
of the Township of Nutley 2-18-1997 by Ord. No. 2508 (Ch. 92 of the 1978 Code).
Amendments noted where applicable.]
A.
When not inconsistent with the context, words used
in the present tense include the future, words used in the singular
number include the plural number, and words used in the plural number
shall include the singular. The word "shall" is mandatory and not
merely discretionary. Words, terms or expression not defined herein
shall be interpreted in the manner of their commonly accepted meaning.
B.
BAR
BOARD OF HEALTH
CIGARETTE VENDING MACHINE
HEALTH DEPARTMENT
HEALTH OFFICER
PERSON
RESTAURANT
TAVERN
TOBACCO
TOBACCO RETAILER
VENDING MACHINE LOCATION
As used in this chapter, the following terms shall
have the meanings indicated:
Any place licensed by the State of New Jersey to primarily
sell, at retail, beer, wine, mixed-spirit drinks and spirits for consumption
on the premises.
The Township of Nutley Board of Health.
Any automated self-service device which, upon insertion of
money, tokens or any other form of payment, dispenses cigarettes or
other tobacco products.
The Township of Nutley Health Department and may be referred
to here in this chapter as the "Department."
The Administrative Officer of the Township of Nutley Health
Department and/or his or her authorized representatives.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee or any other
legal entity.
Any place licensed by the State of New Jersey to sell food
and, at retail, beer, wine, mixed-spirit drinks and spirits for consumption
on the premises.
Any place licensed by the State of New Jersey to primarily
sell at retail, beer, wine, mixed-spirit drinks and spirits for consumption
on the premises.
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.
The room enclosure, space or area where a tobacco vending
machine is installed and operated.
A.
It shall be unlawful for a tobacco retailer to possess
a cigarette vending machine and/or to offer for sale or to sell cigarettes
or other tobacco products through a cigarette vending machine in the
Township of Nutley.
B.
This section shall not prohibit the possession, installation
and use of a tobacco vending machine by a tobacco retailer in the
following establishments:
(1)
Any premises or portion thereof to which access by
minors is expressly prohibited by law or by policy of the owner of
the premises;
(2)
Any restaurant, tavern or bar; or
(3)
Any commercial building or industrial plant or portions
thereof where the public is expressly prohibited and where such machines
are strictly for the use of the employees therein; provided that the
area must be designated as not open to the public and where no minor
employees are admitted.
C.
The establishments set forth in Subsection B(1) and (2) above shall be allowed to install and use a cigarette vending machine, provided that the tobacco vending machine is:
(1)
Located fully within such premises;
(2)
Not less than 20 feet distant from all entrance- and/or
exitways. If 20 feet is not practical or will not serve the purpose
of limiting access by minors to the vending machine, said vending
machine shall be placed in a location to be approved by the Health
Officer or his designee that is sufficiently restrictive so as to
limit access by minors; and
(3)
In a location that is under the direct visual supervision
of the tobacco retailer or an adult employee during the hours the
machine is accessible to the public.
A.
Complaint. Whenever the Health Officer or his designee
reasonably believes that there exists a violation of this chapter,
he or she may issue or cause to be issued a summons after discovery
of the alleged violation.
B.
The Health Officer or his designee shall have the
following powers of right of entry and inspection:
(1)
The Health Officer, or his designee, or any other
person charged with enforcement of this chapter, after giving proper
identification, may inspect any matter, thing, premise, place, person,
record, vehicle, incident or event as necessary.
(2)
It shall be unlawful for any person to molest, willfully
oppose, verbally abuse or otherwise obstruct the Health Officer or
his designee or any other person charged with enforcement of this
chapter during the routine performance of his or her duties.
(3)
The Health Officer or his designee may request the
assistance of the Township of Nutley Police Department or other police
agency or peace officer when necessary to execute his or her official
duty in a manner prescribed by law.
Tobacco vending machines made unlawful by the
terms of this chapter shall be removed within 60 days from the effective
date of this chapter.
This chapter is supplemental to the revised
ordinances of the Board of Health of the Township of Nutley as supplemented
and amended and to all other statutes, duly enacted by the State of
New Jersey relating to public health and safety. Where the provisions
of any other state law, local ordinance or regulation or administrative
rules apply, the more restrictive of any or all laws, ordinances,
regulations or rules shall prevail.
A.
Unless otherwise provided by law, statute or ordinance,
any person violating any of the provisions of this chapter shall,
upon conviction thereof, pay a penalty of not less than $50 nor more
than $500 for each offense. Complaint shall be made in the Municipal
Court of the Township or before such other judicial officer having
authority under the laws of the State of New Jersey. In addition,
the Court shall have the power to impose other penalties provided
by N.J.S.A. 26:3-77 and N.J.S.A. 26:3-78.
B.
Each sale of tobacco to a minor shall constitute a
separate violation.
