As used in this article, the following terms
shall have the meanings indicated:
HEALTH OFFICER
The Administrative Officer of the Livingston Department of
Health and/or his or her authorized representatives.
PERSON
An individual, partnership, cooperative association, corporation,
person representative, receiver, trustee, assignee or any other legal
entity.
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 and who is licensed under the Cigarette Tax
Act (N.J.S.A. 54:40A-1 et seq.)
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.
It shall be unlawful for any tobacco retailer
to sell or permit tobacco products to be sold to any individual under
the age of 18 unless the seller has a reasonable basis for determining
that the buyer is at least 18 years of age.
It shall be unlawful for any tobacco retailer
to allow, suffer or permit the sale of tobacco products on his or
her premises by any person under the age of 18 years of age.
All tobacco vending machines and self-service
displays made unlawful by the terms of this article shall be removed
within 30 days from the effective date of this article.
A tobacco vending machine which is not permitted
under this article may be taken into custody by municipal authorities.
Any machine so taken shall be returned to its owner upon payment of
the reasonable costs incurred in connection with the taking.