[Adopted 6-17-1996 by Ord. No. 4-1996]
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 these
have lead the FDA to classify nicotine addiction as a pediatric
disease. Therefore, the Borough of Tuckerton 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 article, the following terms shall have the meanings
indicated:
HEALTH OFFICER
The administrative officer of the Borough of Tuckerton Board of Health
and/or his or her authorized representative.
PERSON
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee or any other legal entity.
SELF-SERVICE DISPLAYS
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.
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 and shall mean a person or entity that owns or operates a vending machine.
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 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 18 years
or greater, unless the seller has some other conclusive basis for determining
the purchaser is over the age of 18 years of age.
Sale of tobacco products through vending machines shall be prohibited
unless the following criteria have been met:
A. The vending machine shall be equipped with a remote-controlled
locking device which must be in full working order.
B. The remote-controlled locking device shall be operated
only by the tobacco retailer or his agent or employee who must be 18 years
of age or older. The tobacco retailer or his agent or employee shall be in
full view of the vending machine at all times when operating the remote-controlled
locking device.
C. At no time shall the locking device be unattended so
as to permit accessibility by a customer or patron of the retail establishment.
D. After the operator of the remote-controlled locking device
has activated the vending machine to allow a sale to take place that vending
machine will deactivate itself until such time as said remote-controlled locking
device has been reactivated.
Self-service displays of tobacco products, from which individual packages
or individual cigarettes may be selected by the customer, are prohibited.
The Borough of Tuckerton Health Officer and/or his or her designee and/or
a Borough of Tuckerton law enforcement officer, shall be responsible for the
enforcement of this article.