[HISTORY: Adopted by the Mayor and Council of the Borough of Clayton 8-11-2005 by Ord. No. 09-2005. Amendments noted where applicable.]
A. 
Interpretation. 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 and terms of expression not defined herein shall be interpreted in the manner of their commonly accepted meaning.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
BAR
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.
CODE ENFORCEMENT OFFICER
Any person employed by the Borough of Clayton in the capacity of enforcing the laws of the State of New Jersey and the ordinances of the Borough of Clayton. This would include but not be limited to all sworn members of the Borough of Clayton Police Department.
PERSON
An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
RESTAURANT
Any place licensed to sell food at retail.
SELF-SERVICE CIGARETTE OR TOBACCO PRODUCT DISPLAY
Any shelving or storing of cigarettes in any area of the establishment to which customers have access and/or in a location where a customer could reach the cigarettes or tobacco products and take some without the assistance of an employee of the establishment.
TAVERN
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.
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. "Tobacco retailer" shall also mean a person or entity that owns, operates or uses 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 payment, dispenses cigarettes or other tobacco products.
VENDING MACHINE LOCATION
The room enclosure, space or area where a tobacco vending machine is installed and operated.
A. 
Prohibition of tobacco sales to minors. It shall be unlawful for tobacco retailers to sell tobacco to a person under 19 years of age.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Identification required. It shall be unlawful for a tobacco retailer to sell or permit to be sold tobacco to any individual without requesting and examining identification from the purchaser positively establishing the purchaser's age of 19 years or greater, unless the seller has some other conclusive basis for determining the buyer is over the age of 19 years.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Prohibition of vending machine sales. It shall be unlawful for a tobacco retailer to possess a vending machine and/or to offer for sale tobacco through a vending machine in the Borough of Clayton, provided that this section shall not prohibit the installation and use of tobacco vending machines by a tobacco retailer in:
(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; provided, however, that the tobacco vending machine is:
(a) 
Located fully within such premises, or section of premises, from which minors are prohibited;
(b) 
Said vending machine is not less than 20 feet distant from all entrances and/or exitways. If 20 feet 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 Code Enforcement Officer, or his/her designee, that is sufficiently restrictive so as to limit access by minors; and
(c) 
Said vending machine is in a location that is under the direct visual supervision of the tobacco retailer or his/her adult employee during the hours the machine is accessible to the public.
(2) 
Commercial buildings or industrial plants or portions thereof where the public is expressly prohibited and where such machines are strictly for the use of employees therein, provided that the area must be designated as not open to the public and where no minor employees are admitted.
(3) 
A restaurant, tavern or bar, provided that:
(a) 
The tobacco vending machine is located fully within such premises;
(b) 
Said vending machine is not less than 20 feet from all entrances and/or exitways. If 20 feet 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 Code Enforcement Officer or his/her designee; and
(c) 
Said vending machine is in a location that is under the direct visual supervision of the tobacco retailer or his/her adult employee during the hours the machine is accessible to the public.
D. 
All tobacco vending machines made unlawful by the terms of this chapter shall be removed within 30 days from the effective date of this chapter.
Self-service cigarette or tobacco product displays are prohibited, and it shall be unlawful to offer for sale or to sell cigarettes or tobacco products from a self-service display of cigarettes or tobacco products in the Borough of Clayton.
With the exception of permitted vending machines, it shall be unlawful for tobacco retailers to display, advertise, or offer for sale tobacco products in any location in which minors are permitted at a height of less than four feet or adjacent to candy or items specifically intended for sale to or for children.
A. 
Complaint. Whenever the Code Enforcement Officer, or his/her designee, reasonably believes that there exists a violation of this chapter, he/she may issue a summons and complaint not later than 90 days after discovery of the alleged violation. The complaint shall be written and shall state with reasonable particularity the nature of the violation, including reference to the article or section of this chapter alleged to have been violated. The complaint shall be hand delivered and/or sent by mail to the alleged violator.
B. 
Right of entry and inspection.
(1) 
The Code Enforcement Officer, or his/her designee, or any other person charged with the enforcement of this chapter, after giving proper identification, may inspect any matter, thing, premises, place, record, vehicle, incident or event as necessary.
(2) 
It shall be unlawful for any person to molest, wilfully oppose, verbally abuse or otherwise obstruct the Code Enforcement Officer, or his/her designee, or other person charged with enforcement of this chapter during the routine performance of his or her duties.
(3) 
The Code Enforcement Officer, or his/her designee, may request the assistance of the Borough of Clayton Police Department, or other police agency or peace officer, when necessary to execute his or her official duty in a manner prescribed by law.
A. 
This chapter shall supplement the ordinances contained in the Code of the Borough of Clayton and all other statutes duly enacted by the State of New Jersey and the County of Gloucester relating to public health and safety. Where the provisions of any other state law, local ordinance, regulation, administrative laws, or the laws or regulations of the United States apply, the more restrictive of any or all laws, ordinances, regulations or rules shall prevail.
B. 
This chapter shall be liberally construed for the protection of the health, safety, and welfare of the people of the Borough of Clayton.
A. 
Unless otherwise provided by law, statute, or ordinance, any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalty provided in Chapter 1, General Provisions, Article I, Enforcement; General Penalty, § 1-2, Maximum penalty. Complaint shall be made in the Municipal Court of the Borough of Clayton or before such other judicial officer having authority under the laws of the State of New Jersey.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Each sale of tobacco to a minor shall constitute a separate violation.
The Borough of Clayton specifically reserves and retains the right to pursue all other legal and equitable remedies in order to fully enforce the provisions of this chapter as they pertain to the health, safety, and welfare of the people of the Borough of Clayton.