[Adopted 2-2-1998 by Ord. No. 98-2]
As used in this article, the following terms shall have the meanings indicated:
BAR
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.
BOARD OF HEALTH
The Borough of Pennington Board of Health, and may be referred to in this article as the "Board."
HEALTH DEPARTMENT
The Borough of Pennington Health Department, and may be referred to in this article as the "Department."
HEALTH OFFICER
The administrative officer of the Borough of Pennington Health Department, and/or his or her authorized representatives.
MINOR
Any person less than 18 years of age.
PERSON
An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
SELF-SERVICE CIGARETTE OR TOBACCO PRODUCT DISPLAY
Any shelving or storing of cigarettes in an area of the establishment to which customers have access and/or in a location where a customer could reach the cigarettes or tobacco products and take same without the assistance of an employee of the establishment.
TAVERN
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.
TOBACCO OR TOBACCO PRODUCT
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 OR RETAIL ESTABLISHMENT
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 cigarette or other tobacco products.
VENDING MACHINE LOCATION
The room, enclosure, space or area where a tobacco vending machine is installed and operated.
Self-service cigarette or tobacco product displays are prohibited, and it shall be unlawful to offer for sale, or to sell cigarettes or tobacco products, from a self-service display in the Borough of Pennington.[1]
[1]
Editor's Note: Original Section 4, Removal of Tobacco Vending Machines and Self-Service Cigarette and Tobacco Product Displays, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Whenever the Health Officer, or his/her designee, reasonably believes 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 and section of this chapter alleged to have been violated. The complaint shall be delivered by the police or sent by certified mail to the alleged violator. The Health Officer, or his/her designee, or any other designee 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.
B. 
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Health Officer, or his/her designee, who may request the assistance of the Borough of Pennington Police Department, or other police agency or peace officer when necessary to execute his/her official duty in a manner prescribed by law.
C. 
Citizens may bring complaints against violators of this article. All complaints must be in written form and notarized and submitted to the Health Department. The complainant may be required to appear in person if subpoena is sent by the court.
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 fine not exceeding $1,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof. Complaint shall be made in the municipal court of the Borough of Pennington or before such other judicial officer having authority under the laws of the State of New Jersey.
[Amended 12-6-1999 by Ord. No. 99-14]
B. 
Each sale of tobacco to a minor shall constitute a separate violation.
C. 
The Borough of Pennington Board of Health may suspend the retail food establishment license of any tobacco retailer convicted of violation of this article, for a period of not more than three days, pursuant to the authority of the Board of Health to license and regulate food establishments as provided by N.J.S.A. 26:3-31(c).