[HISTORY: Adopted by the Mayor and Council
of the Borough of Emerson 11-21-1995 by Ord. No. 1054. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The Health Officer of the Borough of Emerson and/or his or
her authorized representatives and/or designees.
A device installed on or in a vending machine designed to
permit the operation of the machine only when a qualified tobacco
retailer is insured that the proposed sale will be to someone who
is at least 21 years of age by activating the vending machine for
no more than five minutes and to only allow one vend for each activation.
The activation device shall not be located on the vending machine,
but shall be located within 15 feet thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee, or any other
legal entity.
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; 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
It shall be unlawful to sell tobacco to a person under
21 years of age.
B.
It shall be unlawful to sell tobacco unless the person
selling is 21 years of age or older.
C.
Sign requirements. Notwithstanding any other provision
of law to the contrary, a person to whom a license is issued pursuant
to P.L. 1948, c. 65 (N.J.S.A. 54:40A-1 et seq.) shall, as a condition
of the license, conspicuously post a legible sign at the point of
display of the tobacco products and at the point of sale. The sign,
which also shall be posted conspicuously on any licensed cigarette
vending machine, shall be at least six inches by three inches in bold
letters at least one-quarter-inch high and shall read as follows:
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A person who sells or offers to sell a tobacco
product to a person under 21 years of age shall pay a penalty of up
to $1,000 and may be subject to a license suspension or revocation.
Proof of age may be required for purchase.
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[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 21 years or greater, unless the seller has
some other conclusive basis for determining the buyer is over the
age of 21 years.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful to offer for sale or to
sell tobacco through a tobacco vending machine in the Borough of Emerson
which does not contain a locking device as defined herein. The machine,
with locking device installed or attached, must be located within
15 feet of the control or lever which controls activation of the machine,
and should be within the unobstructed view of the tobacco retailer,
who shall insure that the prospective vendor of a tobacco product
from a vending machine is at least 21 years of age.
All tobacco vending machines upon which a locking
device as defined herein is not installed and therefore made unlawful
by the terms of this chapter shall be removed within 30 days from
the effective date of this chapter. Sale of tobacco to a minor from
a vending machine shall also constitute a violation of this section.
A.
Whenever the Health Officer, or his/her designee,
or a member of the Emerson Police Department reasonably believes there
exists a violation of this chapter, 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 or sent by certified mail to the alleged violator.
B.
The Health Officer, or his designee, or a member of
the Emerson Police Department, or any other person charged with enforcement
of this chapter, 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 Borough of Emerson
or the Emerson Police Department or other police agency or peace officer
when necessary to execute his or her official duty in a manner prescribed
by law.
D.
Citizens may bring complaints against violators of
this chapter.
A.
Unless otherwise provided by law, statute or ordinance, any person violating § 262-2 or § 262-3 of this chapter shall, upon conviction thereof, pay a penalty of not less than $100 nor more than $1,000 for each offense. A complaint shall be made in the Municipal Court of the Borough of Emerson or before such other judicial officer having authority under the laws of the State of New Jersey.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Each sale of tobacco to a minor shall constitute a
separate violation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A tobacco retailer shall be in violation of
this chapter upon the sale of tobacco to anyone who has not attained
the age of 21 years. A retailer's good faith belief that a customer
is 21 years or over shall not constitute a defense to a violation
of this chapter.
A.
If any chapter, section, subsection or paragraph of
this chapter is declared to be unconstitutional, invalid or inoperative,
in whole or in part, by a court of competent jurisdiction, such chapter,
section, subsection or paragraph shall, to the extent that it is not
unconstitutional, invalid or inoperative, remain in full force and
effect, and no such determination shall be deemed to invalidate the
remaining chapters, sections, subsections or paragraphs of this chapter.
B.
This chapter shall be liberally construed for the
protection of the health, safety, and welfare of the people of the
Borough of Emerson.
