[HISTORY: Adopted by the Board of Health
of the Borough of Park Ridge as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-8-1994 by Ord. No. 94-1]
It shall be unlawful to sell tobacco to a person
under 18 years of age.
The following 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:
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SALE OF TOBACCO PRODUCTS TO MINORS UNDER AGE
18 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 18 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
the purchaser's age as 18 years or greater, unless the seller has
some other conclusive basis for determining that the buyer is over
the age of 18 years.
All tobacco vending machines and self-service
cigarette displays are made unlawful by the terms of this article
and shall be removed within 30 days from the effective date of this
article.
As used in this article, the following terms
shall have the meanings indicated:
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 combined Boards of Health for the Borough of Park Ridge.
The Park Ridge Board of Health, and may be referred to herein
as the "Department."
The Administrative Officer of the Borough of Park Ridge and/or
his or her authorized representative.
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 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, and 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 cigarette or
other tobacco products.
The room, enclosure, space or area where a tobacco vending
machine is installed and operated.
A.
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 section of this article alleged to have been violated.
The complaint shall be delivered or sent by certified mail to the
alleged violator.
B.
The Health Officer or his designee, or any other person
charged with enforcement of this article, after giving proper identification,
may inspect any matter, thing, premises, place, person, record, vehicle,
incident or event as necessary.
C.
It shall be unlawful for any person to molest, willfully
oppose, verbally abuse or otherwise obstruct the Health Officer or
his designee, who may request the assistance of the Park Ridge Police
Department or other police agency or peace officer when necessary
to execute his or her official duty in a manner prescribe by law.
D.
Citizens may bring complaints against violators of
this article.
This article shall be liberally construed for
the protection of the health, safety and welfare of the people of
the Borough of Park Ridge.
A.
Unless otherwise provided by law, statute or ordinance,
any person violating any of the portions of this article shall, upon
conviction thereof, pay a penalty of not less than $100 nor more than
$500 for each offense. Complaint shall be made in the Municipal Courts
of the Borough of Park Ridge or before such other judicial officer
having authority under the laws of the State of New Jersey.
B.
Each sale of tobacco to a minor shall constitute a
separate violation.
C.
The Health Commission may suspend the retail food
establishment license of any person convicted of violation of this
article for a period of not more that three days, pursuant to the
authority of the Health Commission to license and regulate food establishments
as provided by N.J.S.A. 26:3-31c.
