[HISTORY: Adopted by the Board of Commissioners
of the Township of Nutley as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-7-2001 by Ord. No. 2694 (Ch.
221, Art. I, of the 1978 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Any person under the age of 18 years.
Any place or area to which the public is invited or upon
which the public is permitted, including but not limited to any sidewalk,
street or any other right-of-way, park, playground and other property
owned by the Township, any shopping center and any school property.
Any product made from the tobacco plant made for the purpose
of smoking or chewing, including cigars, chewing tobacco, pipe tobacco,
snuff and cigarettes in any form.
No minor shall purchase or use tobacco products
within or upon any public place or area within the Township of Nutley.
Any minor who purchases or within or upon any
public place or area uses cigarettes or other tobacco products shall
be subject to the following noncriminal penalties:
A.
For a first offender, issuance of a written warning
by the police officer which explains the risk of tobacco use and the
purposes for which the Township has adopted this article and parental
notification by the police officer.
B.
For repeat offenders 16 years of age or older, participate
in community service projects as determined by the Juvenile Aid Bureau
in the amount of 25 hours for the second offense and up to 50 hours
for any subsequent offenses and participate in an educational program
determined by the Juvenile Aid Bureau concerning the dangers of smoking
and tobacco use.
C.
For repeat offenders under the age of 16 years, participate
in community service projects as determined by the Juvenile Aid Bureau
in the amount of up to 15 hours for the second offense and up to 30
hours for any subsequent offenses and participate in an educational
program determined by the Juvenile Aid Bureau concerning the dangers
of smoking and tobacco use.
[Adopted 8-1-2023 by Ord. No. 3518]
Unless specifically defined below, words or phrases used in
this article shall be interpreted to give them the meanings they have
in common usage and to give this article its most reasonable application.
As used in this article, the following shall have the meanings indicated:
A device that can be used to deliver aerosolized or vaporized
nicotine to the person inhaling from the device, including, but not
limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.
"Electronic smoking device" includes any component, part, or accessory
of such a device, whether sold separately, and includes any substance
intended to be aerosolized or vaporized during the use of the device.
A calendar year commencing on January 1 and ending on December
31.
Any person, including any repacker and/or relabeler, who
compounds, modifies, mixes, manufactures, fabricates, assembles, processes,
labels, repacks, relabels or imports electronic smoking devices or
electronic liquid.
Any product that is designed to deliver nicotine or vapor,
including, but not limited to, what are commonly known as "e-cigarettes"
or other types of electronic smoking devices, or any cartridge or
other component of such device, or related products, including but
not limited to any substances used in such devices, such as liquids
or powders or other forms of tobacco, but excluding United States
Food and Drug Administration approved nicotine patches or nicotine
chewing gum.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee, or any other
legal entity.
Any premises dedicated as a principal business for the display,
sale, distribution, delivery, offering, furnishing, manufacturing,
or marketing of tobacco, tobacco products, or tobacco paraphernalia,
but excluding the sale of cigars and any grocery store, supermarket,
convenience store or similar retail use that sells tobacco products,
which shall not be included within the definition of "smoke shop."
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 or nicotine delivery
products are made to purchasers for consumption or use. The term shall
also mean any person or entity that owns, operates, or uses a tobacco
vending machine and/or a tobacco vending machine location as defined
herein.
Any automated, self-service device which, upon insertion
of money, tokens, or other form of payment, dispenses nicotine delivery
products, cigarettes, or other tobacco products.
The room, enclosure, space or area where a tobacco vending
machine is installed and operated.
Any premises dedicated as a principal business for the display,
sale, distribution, delivery, offering, furnishing, manufacturing,
or marketing of electronic smoking devices, liquid nicotine containers
or vapor product as defined by N.J.S.A. 26:3D-57, N.J.S.A. 2A:170-51.9a(2),
N.J.S.A. 2A:170-51.9a(3) and N.J.S.A. 2A:170-51.9a(4), including an
area for vaping. An "area for vaping" shall mean inhaling or exhaling
of smoke or vapor from any electronic smoking device.
A.
No person shall sell tobacco, electronic smoking devices, or nicotine
delivery products in the Township of Nutley unless an employee of
the establishment controls the sale of such products. A person may
only sell tobacco, electronic smoking devices or nicotine delivery
products in a direct, face-to-face exchange between the retailer and
the consumer. Self-service displays and vending machines of tobacco
or nicotine delivery products shall be prohibited.
B.
No person shall sell, distribute, or give tobacco, electronic smoking
devices, or nicotine delivery products to any person under the age
of 21 years.
C.
Retailers covered under this article shall conspicuously post and
reasonably maintain signs where tobacco, electronic smoking devices
or nicotine delivery products are displayed and at all checkout counters
notifying customers that proof of age is required to purchase tobacco
or nicotine delivery products.
D.
Any person selling tobacco, electronic smoking devices, or nicotine
delivery products shall verify by means of government-issued photographic
identification containing the bearer's date of birth that no
person purchasing the tobacco or nicotine-containing products is younger
than 21 years of age. No such verification is required for any person
over the age of 26. No clerk shall sell tobacco or nicotine delivery
products to a person less than 21 years of age who has a note or any
form of communication from any person, including an adult.
It shall be unlawful for retailers to display, advertise, or
offer for sale, tobacco products, electronic smoking devices or nicotine
delivery products in any location in which minors are permitted at
a height of less than four feet or adjacent to candy or items specifically
intended for sale to or for children.
Smoke shops and vape shops may only operate between the hours
of 8:00 a.m. through 9:00 p.m.
A.
The enforcement authority for this article shall be the Nutley Health
Officer, Code Enforcement Officer, Police Chief, or his/her designee.
B.
The enforcement official may, after giving proper identification,
inspect any matter, thing, premises, place, person, record, vehicle,
incident, or event as necessary to execute his or her official duties
in a manner prescribed by law.
C.
Citizens may bring complaints against violators of this article.
D.
No person shall sell tobacco, electronic smoking devices, or nicotine
delivery products in the Township of Nutley without first obtaining
a license from the Township of Nutley to do so on the premises. The
Board of Commissioners shall have jurisdiction over all license applications
under this article.
(1)
No person and/or entity shall be issued a license under this section
if they are unable to pass a criminal background check.
E.
The annual license fee shall be $1,500. All licenses shall expire
on December 31 in the year in which they are issued; however, any
license issued in 2023 shall expire on December 31, 2024.
A.
A person who violates the provisions of this article, including any
employee of a retail dealer licensee under P.L. 1948, c. 65 (N.J.S.A.
54:40A-1 et seq.) who actually sells or otherwise provides tobacco,
electronic smoking devices, or nicotine delivery products to a person
under 21 years of age, shall be liable to a civil penalty of not less
than $750 for the first violation, not less than $1,000 for the second
violation, and not less than $1,500 for the third and each subsequent
violation. Complaint shall be made in the Municipal Court of Nutley
or before such other judicial officer having authority under the laws
of the State of New Jersey.
B.
Each sale of tobacco, electronic smoking devices, or nicotine delivery
products in violation of this article shall constitute a separate
violations.
