[HISTORY: Adopted by the Board of Health
of the Township of Readington 7-18-1995. Amendments noted where applicable.]
A.Â
It shall be unlawful to sell tobacco to a person under
18 years of age.
B.Â
SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 18 IS PROHIBITED
BY LAW
Sign requirements. The following six-inch-by-eight-inch
sign shall be posted in a conspicuous place near each cash register
in all retail establishments which sell tobacco products:
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 first
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.
All tobacco vending machines and self-service
cigarette displays made unlawful by the terms of this chapter shall
be removed within 30 days from the effective date of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
The Readington Township Board of Health and may be referred
to in this chapter as the "Board of Health", "Department" or "Board."
The administrative officer of the Readington Township Board
of Health 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 of business that sells to the public at retail.
Any product made from the tobacco plant for the purpose of
smoking, chewing, inhaling or other personal use, including cigars
chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
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; shall also mean a person or entity that owns,
operates or uses a vending machine and/or a vending machine location.
Any automated, self-service device which, upon insertion
of money, tokens or any other form of payment, dispenses cigarette
or other tobacco products.
[Amended 12-16-2020 by Ord. No. BH 01-2020]]
The room, enclosure, space or area where a tobacco vending
machine is installed and operated.
A.Â
Whenever the Health Officer or his/her designee reasonably
believes 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 and section of this chapter alleged to have
been violated. The complaint shall be delivered or sent by certified
mail to the alleged violator.
B.Â
The Health Officer or his designee or any other person
charged with enforcement this chapter, after giving proper identification,
may inspect any matter, thing, premises, place, person, record vehicle,
incident or event as necessary.
C.Â
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 Readington Township
Police Department or other police agency or peace officer when necessary
to execute his or her official duty in a manner prescribed by law.
D.Â
Citizens may bring complaints against violators of
this chapter.
This chapter shall be liberally construed for
the protection of the health, safety and welfare of the people of
Readington Township.
A.Â
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 $100 nor more
than $500 for each offense. Complaint shall be made in the Municipal
Court of Readington Township or before such other judicial officer
having authority under the laws of the State of New Jersey.
B.Â
Each sale of tobacco to a minor shall constitute a
separate violation.
C.Â
The Board of Health may suspend the retail food establishment
license of any person convicted of violation of this chapter for a
period of not more than three days, pursuant to the authority of the
Health Commission to license and regulate food establishments as provided
by N.J.S.A. 26:3-31c.
