[HISTORY: Adopted by the Board of Commissioners of the Township of Nutley 2-18-1997 by Ord. No. 2508 (Ch. 92 of the 1978 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Food and beverage vending machines — See Ch. 356.
Smoking — See Ch. 605.
Tobacco — See Ch. 652.
A. 
When not inconsistent with the context, words used in the present tense include the future, words used in the singular number include the plural number, and words used in the plural number shall include the singular. The word "shall" is mandatory and not merely discretionary. Words, terms or expression not defined herein shall be interpreted in the manner of their commonly accepted meaning.
B. 
As used in this chapter, 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 drinks and spirits for consumption on the premises.
BOARD OF HEALTH
The Township of Nutley Board of Health.
CIGARETTE VENDING MACHINE
Any automated self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarettes or other tobacco products.
HEALTH DEPARTMENT
The Township of Nutley Health Department and may be referred to here in this chapter as the "Department."
HEALTH OFFICER
The Administrative Officer of the Township of Nutley Health Department and/or his or her authorized representatives.
PERSON
An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
RESTAURANT
Any place licensed by the State of New Jersey to sell food and, at retail, beer, wine, mixed-spirit drinks and spirits for consumption on the premises.
TAVERN
Any place licensed by the State of New Jersey to primarily sell at retail, beer, wine, mixed-spirit drinks and spirits for consumption on the premises.
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
(1) 
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.
(2) 
A person or entity that owns, operates or uses a vending machine and/or a vending machine location.
VENDING MACHINE LOCATION
The room enclosure, space or area where a tobacco vending machine is installed and operated.
A. 
It shall be unlawful for a tobacco retailer to possess a cigarette vending machine and/or to offer for sale or to sell cigarettes or other tobacco products through a cigarette vending machine in the Township of Nutley.
B. 
This section shall not prohibit the possession, installation and use of a tobacco vending machine by a tobacco retailer in the following establishments:
(1) 
Any premises or portion thereof to which access by minors is expressly prohibited by law or by policy of the owner of the premises;
(2) 
Any restaurant, tavern or bar; or
(3) 
Any commercial building or industrial plant or portions thereof where the public is expressly prohibited and where such machines are strictly for the use of the employees therein; provided that the area must be designated as not open to the public and where no minor employees are admitted.
C. 
The establishments set forth in Subsection B(1) and (2) above shall be allowed to install and use a cigarette vending machine, provided that the tobacco vending machine is:
(1) 
Located fully within such premises;
(2) 
Not less than 20 feet distant from all entrance- and/or exitways. If 20 feet is not practical or will not serve the purpose of limiting access by minors to the vending machine, said vending machine shall be placed in a location to be approved by the Health Officer or his designee that is sufficiently restrictive so as to limit access by minors; and
(3) 
In a location that is under the direct visual supervision of the tobacco retailer or an adult employee during the hours the machine is accessible to the public.
A. 
Complaint. Whenever the Health Officer or his designee reasonably believes that there exists a violation of this chapter, he or she may issue or cause to be issued a summons after discovery of the alleged violation.
B. 
The Health Officer or his designee shall have the following powers of right of entry and inspection:
(1) 
The Health Officer, or his designee, or any other person charged with enforcement of this chapter, after giving proper identification, may inspect any matter, thing, premise, place, person, record, vehicle, incident or event as necessary.
(2) 
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Health Officer or his designee or any other person charged with enforcement of this chapter during the routine performance of his or her duties.
(3) 
The Health Officer or his designee may request the assistance of the Township of Nutley Police Department or other police agency or peace officer when necessary to execute his or her official duty in a manner prescribed by law.
Tobacco vending machines made unlawful by the terms of this chapter shall be removed within 60 days from the effective date of this chapter.
This chapter is supplemental to the revised ordinances of the Board of Health of the Township of Nutley as supplemented and amended and to all other statutes, duly enacted by the State of New Jersey relating to public health and safety. Where the provisions of any other state law, local ordinance or regulation or administrative rules apply, the more restrictive of any or all laws, ordinances, regulations or rules shall prevail.
A. 
Unless otherwise provided by law, statute or ordinance, any person violating any of the provisions of this chapter shall, upon conviction thereof, pay a penalty of not less than $50 nor more than $500 for each offense. Complaint shall be made in the Municipal Court of the Township or before such other judicial officer having authority under the laws of the State of New Jersey. In addition, the Court shall have the power to impose other penalties provided by N.J.S.A. 26:3-77 and N.J.S.A. 26:3-78.
B. 
Each sale of tobacco to a minor shall constitute a separate violation.