[HISTORY: Adopted by the Mayor and Council of the Borough of Cresskill 6-3-1998 by Ord. No. 98-8-1186. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- HEALTH OFFICER
- The Health Officer of the Borough of Cresskill and/or his or her authorized representatives.
- An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
- 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.
- 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.
It shall be unlawful to sell tobacco to a person under 18 years of age.
It shall be unlawful to sell tobacco unless the person selling is 18 years of age or older.
Sign requirements. A sign having a minimum size of six inches by eight inches shall be posted in a conspicuous place near each cash register in all retail establishments which sell tobacco products and shall contain the following language:
"SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 18 IS PROHIBITED BY LAW. Legal proof of age must be shown. A person who sells or offers to sell a tobacco product to a person under 18 years of age may be prosecuted in accordance with state and local ordinances."
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 as 18 years or greater, unless the seller has some other conclusive basis for determining the buyer is over the age of 18 years.
It shall be unlawful to offer for sale or to sell tobacco through a vending machine in the Borough of Cresskill.
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.
Whenever the Health 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 section of this chapter alleged to have been violated. The complaint shall be delivered or sent by certified mail to the alleged violator.
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, premises, place, person, record, vehicle, incident or event as necessary.
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Health Officer or his designee, who may request the assistance of the Borough of Cresskill or the Cresskill Police Department or other police agency or peace officer when necessary to execute his or her official duty in a manner prescribed by law.
Citizens may bring complaints against violators of this chapter.
Unless otherwise provided by law, statute or ordinance, any person violating § 251-4 or 251-5 of this chapter shall, upon conviction thereof, pay a penalty of not less than $100 nor more than $500 for each offense. A complaint shall be made in the Municipal Court of the Borough of Cresskill or before such other judicial officer having authority under the laws of the State of New Jersey.
Each sale of tobacco to a minor shall constitute a separate violation.