A.
The Fort Lee Board of Health hereby finds and declares
that:
(1)
The Surgeon General of the United States has identified
cigarette smoking as the single most important preventable cause of
premature morbidity and mortality.
(2)
Medical and scientific evidence demonstrates that
tobacco usage is addictive and causes serious health problems.
(3)
The Surgeon General of the United States has concluded
that cigarettes and other forms of tobacco are addictive in the same
sense as are drugs such as heroin and cocaine.
(4)
The Director of the National Institute on Drug Abuse
has concluded that the majority of the 390,000 Americans who die each
year from cigarette smoking became addicted to nicotine as adolescents
before the age of legal consent.
(5)
The selling, giving, or furnishing of tobacco products
to a person under 19 years of age is prohibited in New Jersey by N.J.S.A.
2C:33-13.1.
[Amended 6-11-2002]
(6)
A significant number of children under the legal age
to purchase tobacco are still able to do so either directly or through
vending machines.
B.
This article is hereby adopted to safeguard the public
health by declaring smoking, in general, to be a public nuisance and
public health problem; by prohibiting sale of tobacco to minors; and
by restricting the location of tobacco vending machines so as to limit
access by minors.
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, terms or expressions
not defined herein shall be interpreted in the manner of their commonly
accepted meaning.
Any place licensed by the State of New Jersey to primarily
sell at retail beer, wine, mixed spirit drink and spirits for consumption
on the premises.
The Borough of Fort Lee Board of Health.
The Borough of Fort Lee Board of Health, and may be referred
to herein this article as the "Department."
The administrative officer of the Borough of Fort Lee 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 drink 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.
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 cigarettes
or other tobacco products.
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 a tobacco retailer to sell tobacco to a person under
19 years of age.
[Amended 4-10-2007 by Ord. No. 111-3A]
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 as 19 years or greater,
unless the seller has some other conclusive basis for determining
the buyer is over the age of 19 years.
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 or to sell tobacco through a vending machine in
the Borough of Fort Lee: provided that this section shall not prohibit
the installation and use of a tobacco vending machine 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:
(a)
The tobacco vending machine is located fully
within such premises, or section of premises from which minors are
prohibited.
(b)
Said vending machine is not less than 20 feet
distance from all entrance and/or exit ways. 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/her designee, that is
sufficiently restrictive so as to limit access by minors.
(c)
Said vending machine is in a location that is
under the direct visual supervision of the tobacco retailer of his/her
adult employee during the hours the machine is accessible to the public.
(d)
Said vending machine shall be controlled by
a lockout device which will activate the vending machine for no longer
than five minutes and allow only one vend.
(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 the 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; and said 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,
or
(b)
Said vending machine shall be controlled by
a lockout device which will activate the vending machine for no longer
than two minutes and allow only one sale per activation.
(c)
All tobacco vending machines shall conform to
the terms of this article effective January 1, 1995.
A.
Complaint. Whenever the Health Officer, or his/her
designee, reasonably believes that there exists a violation of this
article, 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 article alleged to have been violated. The complaint shall be
delivered or sent by certified mail to the alleged violator.
B.
Right of entry and inspection.
(1)
The Health Officer, or his/her designee, or any other
person charged with enforcement of this article, 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
article during the routine performance of his or her duties.
(3)
The Health Officer, or his/her designee, may request
the assistance of the Fort Lee Police Department, or other police
agency or peace officer when necessary to execute his or her official
duty in a manner prescribed by law.
The Health Officer, or his/her designee, is
hereby granted the authority to establish policies and guidelines,
not in conflict with the purpose and intent of this article, for the
purpose of carrying out the responsibilities herein delegated to the
Health Officer by law. These policies and guidelines are subject to
review by the Board of Health.
A.
Unless otherwise provided by law, statute or ordinance,
any person violating any of the provisions of this article shall,
upon conviction thereof, pay a penalty of not less than $250 nor more
than $500 for each offense. Complaint shall be made in the Municipal
Court of the Borough 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.
The Health Officer and the Board of Health of
the Borough of Fort Lee specifically reserve and retain the right
to pursue all other legal and equitable remedies in order to fully
enforce the provisions of this article as they pertain to the health,
safety and welfare of the people of the Borough of Fort Lee.
