[HISTORY: Adopted by the Council of the Borough of Fair Lawn as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Food handling — See Ch. 111.
Licensing — See Ch. 137.
Peddling and soliciting — See Ch. 163.
[Adopted 6-21-2016 by Ord. No. 2390-2016[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I, Sales to Minors; Vending Machines, adopted 9-13-1994 by Ord. No. 1573-94, as amended.
A. 
No person shall sell tobacco or electronic smoking device products in the Borough of Fair Lawn unless an employee of the establishment controls the sale of such products. A person may only sell tobacco in a direct, face-to-face exchange between the retailer and the consumer. Self-service displays and vending machines of tobacco shall be prohibited.
B. 
No person shall sell, distribute or give tobacco in any form, including electronic smoking device products, to any person under the age of 21.
C. 
Tobacco retailers shall conspicuously post and reasonably maintain signs having a minimum size of six inches by eight inches where tobacco is displayed and at all check-out counters, notifying customers that proof-of-age identification is required for a retailer to sell, distribute or give tobacco or electronic smoking device products to a customer.
D. 
Any person selling tobacco or electronic smoking device products shall verify, by means of government-issued photographic identification containing the bearer's date of birth, that no person purchasing the tobacco is younger than 21 years of age. No clerk shall sell tobacco to a person less than 21 years of age who has a note or any form of communication from any person, including an adult.
E. 
No person or tobacco retailer selling tobacco or electronic smoking device products shall allow an employee to sell or distribute such products until the employee has read the Borough of Fair Lawn's ordinances and state laws pertaining to the sale or distribution of tobacco and has signed a statement that the employee has read such ordinances and state laws. Such form statement will be supplied by the Borough, and a signed original statement shall be filed with the Health Department, and a copy shall be kept on file by the tobacco retailer and made available for review by the Health Department.
As used in this article, the following terms shall have the meanings indicated:
ELECTRONIC SMOKING DEVICE PRODUCTS
A. 
Any device that can be used to deliver nicotine or other substances to the person inhaling from the device, including but not limited to, an electronic cigarette, cigar, cigarillo, or pipe or any cartridge or other component of the device or related product; and
B. 
Any substances used in such devices, such as liquids, powders, gels or waxes or other forms of tobacco, but excluding United States Food and Drug Administration approved smoking cessation products such as nicotine patches or nicotine chewing gum.
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, including electronic smoking device products.
TOBACCO RETAILER
Any person or entity that operates a store, stand, booth, concession, or place at which sales of tobacco or electronic smoking device products are made to purchasers for consumption or use. The term shall also mean any person or entity that owns, operates or uses a tobacco vending machine and/or a tobacco vending machine location as defined herein.
TOBACCO VENDING MACHINE
Any automated self-service device which, upon insertion of money, tokens or other form of payment, dispenses cigarettes or other tobacco products or electronic smoking device products.
TOBACCO VENDING MACHINE LOCATION
The room, enclosure, space or area where a vending machine dispensing tobacco or electronic smoking device products is installed and operated.
A. 
The enforcement authority for this article shall be the Fair Lawn Health Officer or his/her designee and the Fair Lawn Police Department.
B. 
The Health Officer or his/her designee or the Fair Lawn Police Department may, after giving proper identification, inspect any matter, thing, premises, place, person, record, vehicle, incident or event as necessary to execute his or her official duties in a manner prescribed by law.
C. 
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Health Officer or his/her designee in his/her enforcement of this article, and the Health Officer may request the assistance of the Fair Lawn Police Department or other police agency or peace officer when necessary to execute his or her official duties in a manner prescribed by law.
D. 
Citizens may bring complaints against violators of this article.
A. 
A person who violates the provisions of this article, including any employee of a retail dealer licensee under P.L. 1948, c. 65 (N.J.S.A. 54:40A-1 et seq.), who actually sells or otherwise provides tobacco products or electronic smoking device products to a person under 21 years of age, shall be liable to a civil penalty of not less than $250 for the first violation, not less than $500 for the second violation, and not less than $1,000 for the third and each subsequent violation. Complaint shall be made in the Municipal Court of Fair Lawn or before such other judicial officer having authority under the laws of the State of New Jersey.
B. 
Each sale of tobacco or electronic smoking device products to any person under the age of 21 shall constitute a separate violation.
C. 
In addition to the penalties set forth in Subsection A above, pursuant to § 2-54 of the Code of the Borough of Fair Lawn, the Fair Lawn Health Officer may suspend the retail food establishment license of any person convicted of a violation of this article, for a period of not more than three days, pursuant to the authority of the Health Officer to license and regulate food establishments as provided by N.J.S.A. 26:3-31c.
[Adopted 7-23-2002 by Ord. No. 1918-2002]
As used in this article, the following terms shall have the meanings indicated:
PROHIBITED AREA
Any motor vehicle, street, road, sidewalk, walkway, park or open space located within the Borough and which is within 1,000 feet of any school property used for school purposes.
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.
[Amended 10-24-2006 by Ord. No. 2063-2006; 6-21-2016 by Ord. No. 2390-2016]
It shall be unlawful for any person under the age of 21 years to smoke or use a tobacco product or electronic smoking device product in or on any prohibited area or to possess in open view an opened pack, opened container holding a tobacco product or electronic smoking device products in any prohibited area.
[Amended 9-3-2002 by Ord. No. 1925-2002; 10-24-2006 by Ord. No. 2063-2006; 6-14-2011 by Ord. No. 2215-2011; 6-21-2016 by Ord. No. 2390-2016]
A violation by a person under the age of 21 years of this article shall be subject to the following penalties and enforcement:
A. 
First offense: a fine of not less than $25 nor more than $50.
B. 
Second offense: a fine of not less than $25 nor more than $50 and a period of community service not to exceed a total of four hours, in the discretion of the court.
C. 
Third and fourth offenses: a fine of not less than $50 nor more than $100 and a period of community service not to exceed eight hours, in the discretion of the court.
D. 
Fifth offense and subsequent offenses: a fine of not less than $200 and a period of community service not to exceed a total of eight hours, in the discretion of the court.
[Amended 10-24-2006 by Ord. No. 2063-2006; 6-21-2016 by Ord. No. 2390-2016]
In addition to enforcement by any law enforcement officer, any citizen may file a complaint against any person under the age of 21 years who violates this article on a form provided by the Department of Police.