[Amended 6-24-2008 by Ord. No. BH:2008-04; 3-26-2019 by Ord. No. BH:2019-04]
A. It shall be unlawful to sell tobacco to a person under
21 years of age.
B. Sign requirements. Not less than a 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 containing
the following language: SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE
AGE OF 21 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 21 years of age may be prosecuted in accordance with state and
local ordinances.
[Amended 6-24-2008 by Ord. No. BH:2008-04; 3-26-2019 by Ord. No. BH:2019-04]
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 21 years or greater, unless the seller has
some other conclusive basis for determining the buyer is over the
age of 21 years.
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.
As used in this chapter, the following terms
shall have the meanings indicated:
HEALTH DEPARTMENT
The Department of Health of the Township of Manalapan and
may be referred to in this chapter as the "Department."
HEALTH OFFICER
The Administrative Officer of the Department of Health of
the Township of Manalapan.
PERSON
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee, or any other
legal entity.
SELF-SERVICE DISPLAYS
Any racks, stands or other display devices from which a customer
may take tobacco products directly with only payment to be made to
the tobacco retailer.
[Added 10-24-2000 by Ord. No. BH:2000-3]
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; 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.
[Added 4-26-2011 by Ord. No. BH:2011-02]
A. Registration required.
(1) No person, firm, partnership or corporation shall operate a cigar
bar, cigar lounge or tobacco retail establishment, as defined by N.J.S.A.
26:3D-55 et seq., without first registering such establishment with
the Health Department as required by N.J.S.A. 26:3D-55 et seq. and
N.J.A.C. 8:6-1.1 et seq.
(2) The applicant for such registration shall pay a fee of $200 for the
initial registration and $100 for each annual renewal of the registration
thereafter.
(3) All registrations must be posted in public view.
(4) Registrations granted under this chapter expire on June 30 of the
year following issuance as per N.J.A.C. 8:6-3.3(d).
(5) Registration applications for renewal must be submitted no later
than April 15 of the year in which they expire as per N.J.A.C. 8:6-3.4(a).
B. Operation. All persons, firms, partnerships or corporations who have
registered a cigar bar, cigar lounge or tobacco retail establishment
with the Health Department must maintain and operate said establishment
in conformance with N.J.S.A. 26:3D-55 et seq. and N.J.A.C. 8:6-1.1
et seq.
C. Violations and penalties. Any person, firm, partnership or corporation
found in violation of this chapter, upon conviction thereof, shall
be punished as provided in Section 262 of the General Provisions of
the Code of the Township of Manalapan.