[HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River 12-9-2008 by Ord. No. 4168-08. Amendments noted where applicable.]
Editor's Note: This ordinance repealed former Ch. 462, Tobacco Products, Sale of, adopted 10-26-1994 by Ord. No. 3058-94.
As used in this chapter, the following terms shall have the meanings indicated:
- HEALTH OFFICER
- The Administrative Officer of the Toms River Township Board of Health and/or his or her authorized representative.
- LICENSED PREMISES
- Any place licensed by the State of New Jersey to primarily sell, at retail, beer, wine, and mixed spirits for consumption on the premises.
- 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.
- 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 and/or a vending machine location.
- 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.
- VENDING MACHINE LOCATION
- The room, enclosure, space or area where a tobacco vending machine is installed and operated.
It shall be unlawful for anyone, including a tobacco retailer, to sell, give or permit to be sold or given, to a person under 19 years of age, tobacco in any form.
It shall be unlawful for a tobacco retailer to sell or permit tobacco products to be sold to any individual under the age of 19 years, unless the seller has a reasonable basis for determining that the buyer is of legal age (19 or over).
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 19 years.
It shall be unlawful for a tobacco retailer to offer for sale or to sell any tobacco product through a vending machine in this municipality, except in the following instances:
In any premises or portion thereof to which access by minors is expressly prohibited by law or by the expressed policy of the owner of the premises; provided, however, that the tobacco vending machine is:
Located fully within such premises or section of premises from which minors are prohibited.
Under the visual supervision of the tobacco retailer or his or her adult employee, so that all purchases from the machine are readily observable.
Inaccessible to the public when the businesses are closed.
In any premises such as a factory, business, office, industrial plant or other place where the public is generally not given access and where such machines are intended for the use of employees 19 years of age or older or other adults, in each premises, provided that the tobacco vending machine in each premises is:
In any premises or portion thereof where the principal use is for the retail sale of alcoholic beverages pursuant to the New Jersey Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq., where access by persons under 19 years of age is prohibited by law, provided that the tobacco vending machine is:
In all other instances, locations and places, a tobacco vending machine shall be permitted to operate only if the operation of the machine to vend tobacco products is possible only by the activation of an electronic switch or other device, which is controlled by the proprietor or employee at or over the age of 19, and only after the proprietor or employee has made the reasonable determination that the person wishing to use the tobacco vending machine is 19 years of age or older.
Except on premises as described in § 462-5B of this chapter, it shall be unlawful for a tobacco retailer to operate a tobacco vending machine in any premises or portion thereof located within 200 feet of any public or private school or other property used primarily for school activities.
It shall be unlawful for any tobacco retailer responsible for the operation of a tobacco vending machine to remove, disconnect or otherwise disable the remotely activated electronic switch or device on a tobacco vending machine in a location where § 462-5 of this chapter provides for a vending machine to be so equipped.
Any person, either acting directly or indirectly through an agent, who sells or offers for sale, gives away, delivers or otherwise furnishes to a person under the age of 19 years any tobacco or tobacco product, in any form, including smokeless tobacco or any other matter or substance which can be smoked, either from a vending machine or by retail counter sales, shall be given a warning pursuant to Subsection B of this section for a first offense and shall be fined $250 for second or subsequent offense.
The local Board of Health, or the board, body or officers exercising the function of a local Board of Health, having determined that a licensee or other person is in violation of this section, shall, by written notification, not later than 60 days after discovery of an alleged violation, advise the person of the violation and that any subsequent failure or refusal to comply with this chapter is subject to the fine prescribed in this chapter.
Any penalty recovered under the provisions of this chapter shall be recovered by and in the name of the local Board of Health. The penalty recovered shall be paid by the local Board into the treasury of the municipality where the violation occurred.
Every Municipal Court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of the violation of any provision of this chapter, if the violation has occurred within the territorial jurisdiction of the Court. The proceedings shall be summary and in accordance with the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.). Process shall be in the nature of a summons or warrant and shall be issued by the local Board of Health or the municipal law enforcement authority.
Editor's Note: See now the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq.
The Health Officer or his or her designee, or any other person charged with enforcement of this chapter, after giving proper identification, may inspect any matter, thing, premises or place as may be necessary for the proper enforcement hereof.
It shall be unlawful for any person to oppose or otherwise obstruct a Health Officer, or his or her designee, in the performance of duties hereunder, and he or she may request the assistance of a law enforcement agency or peace officer when necessary to execute his or her official duty in a manner prescribed by law.
A tobacco vending machine which is not permitted under this chapter 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. As an alternative or in addition to the provisions of this section, any person licensed as a retail dealer under the Cigarette Tax Act (N.J.S.A. 54:40A-1 et seq.), for each unauthorized tobacco vending machine remaining at any prescribed location after the effective date of this chapter, may be fined not less than $100 nor more than $500 for each day placement of the vending machine is in violation of this chapter.
This chapter shall be liberally construed for the protection of the health, safety and welfare of the people of this municipality.