[HISTORY: Adopted by the Township Committee of the Township of Little
Egg Harbor; see Ch. 1, General Provisions, Art. I. Amendments noted where
applicable.]
A.Â
Extensive medical and scientific evidence reveals and
the Surgeon General of the United States has determined that the use of tobacco
is harmful to a person's health, such that it can lead to severe medical conditions.
The American Cancer Society has cited that approximately 90% of today's regular
smokers started before reaching adulthood. Statistics such as this have lead
the FDA to classify nicotine addiction as a pediatric disease.
B.Â
Therefore, the Township of Little Egg Harbor finds it
necessary to limit the accessibility of cigarettes and other tobacco products
to minors and to regulate the means by which tobacco products are sold in
order to protect the health, safety and welfare of its residents.
As used in this chapter, the following terms shall have the meanings
indicated:
The administrative officer of the Township of Little Egg Harbor Board
of Health and/or his or her authorized representative.
Any member of the Township of Little Egg Harbor Police Department.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee, or any other legal entity.
A display or display shelves designed for the customer to serve oneself
without the aid of a sales clerk and where the customer is required to pay
the cashier upon leaving.
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, and shall mean a person or entity that owns or operates a vending
machine.
Any automated, self-service device which, upon insertion of money,
tokens or any other form of payments, dispenses cigarettes or other tobacco
products.
A.Â
Pursuant to the provisions of N.J.S.A. 2A:170-51.1 et
seq., it shall be unlawful for any person to sell, give, or permit to be sold,
given or furnished to an individual under the age of 19, tobacco in any form.
B.Â
A sign, not less than six inches by eight inches, shall
be posted in a conspicuous place near each cash register in all retail establishments
which sell tobacco products containing the following language:
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SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 19 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 19 years of age may be prosecuted
in accordance with state and local ordinances.
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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 purchaser's age as 19 years or
greater, unless the seller has some other conclusive basis for determining
the purchaser is over the age of 19 years of age.
Sale of tobacco products through vending machines shall be prohibited.
Self-service displays of tobacco products, from which individual packages
or individual cigarettes may be selected by the customer, are prohibited.
The Township of Little Egg Harbor Health Officer and/or his or her designee,
and/or a Township of Little Egg Harbor law enforcement officer, shall be responsible
for the enforcement of this chapter.
A.Â
No person, either directly or indirectly by an agent
or employee, or by a vending machine owned by the person or located in the
person's establishment, shall sell, offer for sale, distribute for commercial
purpose at no cost or minimal cost or with coupons or rebate offers, give
or furnish, to a person under 19 years of age any cigarettes made of tobacco
or of any other matter or substance which can be smoked, or any cigarette
paper or tobacco in any form, including smokeless tobacco. A violation of
this chapter shall be punished by a fine of not less than $250 for the first
violation, not less than $500 for the second violation, and $1,000 for the
third and each subsequent violation in accordance with N.J.S.A. 2A: 170-51.4(c);
and the Township may recommend license revocation in accordance with N.J.S.A.
2A:170-51.4(d).
B.Â
Whenever the Health Officer, his or her designee, Code
Enforcement Officer, or a law enforcement officer reasonably believes there
exists a violation of this chapter, such individual may, by written notification
not later than 60 days after discovery of the alleged violation, advise the
tobacco retailer of the nature of the violation and that any subsequent failure
or refusal to comply with this chapter shall be subject to the penalties set
forth in this chapter.
C.Â
The Health Officer, his or her designee, Code Enforcement
Officer, or a law enforcement officer, after giving proper identification,
may inspect any matter, thing, premises or place as may be necessary for the
proper enforcement of the provisions of this chapter.
D.Â
It shall be unlawful for any person to oppose or otherwise
obstruct a Health Officer or his or her designee or the Code Enforcement Officer.
Such individual may request the assistance of a law enforcement officer when
necessary to execute his or her official duty in a manner prescribed by law.
E.Â
Except as provided in Subsection A above, any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $2,000, by imprisonment for a term not to exceed 90 days, or by community service of not more than 90 days, or any combination of fine, imprisonment, and community service, as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense and the person or persons allowing or permitting the continuation of the violation may be punished as provided above, for each separate offense.
F.Â
The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction issued
by a court of competent jurisdiction.
