City of Vineland, NJ
Cumberland County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[[1]HISTORY: Adopted by the City Council of the City of Vineland as indicated in article histories. Amendments noted where applicable.]
[1]
Editor’s Note: The title of this chapter was changed from “Tobacco” to “Tobacco and Electronic Smoking Devices” 11-13-2018 by Ord. No. 2018-58, and to "Tobacco and Vapor Products 10-13-2020 by Ord. No. 2020-46.
[Adopted 10-28-1997 by Ord. No. 97-78 (Ch. 431 of the 1990 Code)]
[Amended 10-27-2009 by Ord. No. 2009-68; 11-13-2018 by Ord. No. 2018-58; 7-9-2019 by Ord. No. 2019-45; 10-13-2020 by Ord. No. 2020-46]
A. 
It shall be unlawful to sell tobacco and vapor products and any substance used in such device to a person under the age of 21.
B. 
Sign requirements. Any person to whom a license is issued pursuant to N.J.S.A. 54:40A-1 et seq. shall, as a condition of the license, conspicuously post a sign at the point of display of any tobacco product and/or vapor product at the point of sale. The sign shall be of a size and contain language in compliance with N.J.S.A. 54:40A-4.1 for tobacco as well as vapor products.
[Amended 10-27-2009 by Ord. No. 2009-68; 11-13-2018 by Ord. No. 2018-58; 10-13-2020 by Ord. No. 2020-46]
It shall be unlawful for a tobacco and/or vapor product retailer to sell or permit to be sold 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 5-11-1999 by Ord. No. 99-22; 11-13-2018 by Ord. No. 2018-58; 7-9-2019 by Ord. No. 2019-45; 10-13-2020 by Ord. No. 2020-46]
A. 
It shall be unlawful to offer for sale or to sell tobacco and/or vapor products or any substance used in such device through a vending machine in the City of Vineland.
B. 
Self-service tobacco and/or vapor products or any substance used in such devices are prohibited in all retail and wholesale establishments where retail sales are permitted.
C. 
Exceptions.
(1) 
Self-service tobacco and/or vapor products or any substance used in such device displays and the sale of the same through a vending machine are permitted in the following establishments, provided that such vending machines are non-self-service vending machines as defined herein:
(a) 
Tobacco retail establishments.
(b) 
All establishments wherein alcoholic beverages are sold to the public except restaurants as defined in Ordinance No. 97-15,[1] provided, however, that if such restaurant maintains a bar or bar area and there exists restricted access by way of walls, partitions, or such similar barriers with a minimum height of 42 inches and the means of access does not exceed total of 10 feet, sale of tobacco and/or vapor products or any substance used in such device shall be permitted in the bar or bar area only and shall be sold in the manner as provided herein.
[1]
Editor's Note: See Ch. 216, Alcoholic Beverages.
(2) 
All such permitted vending machines shall be placed in a conspicuous location in such establishments and shall be in clear view at all times by the owner or designee of such establishment.
[Amended 10-27-2009 by Ord. No. 2009-68; 11-13-2018 by Ord. No. 2018-58; 10-13-2020 by Ord. No. 2020-46]
A. 
It shall be unlawful for a tobacco and/or vapor product retail establishment to permit admission to said establishment to any person under the age of 21 years unless such person is accompanied by a parent or guardian or spouse over the age of 21 years.
B. 
Sign requirements. The following six-inch-by-eight-inch sign shall be posted on each entrance to said tobacco and/or vapor product establishment: "Admission to the premises by persons under the age of 21 is prohibited unless accompanied by a parent, guardian or spouse over the age of 21 years."
[Amended 11-13-2018 by Ord. No. 2018-58; 10-13-2020 by Ord. No. 2020-46]
All tobacco and/or vapor product machines made unlawful by the terms of this article shall be removed within 30 days from the effective date of this article.
As used in this article, the following terms shall have the meanings indicated:
[Added 10-13-2020 by Ord. No. 2020-46]
A. 
A distinguishable flavor, taste, or aroma, other than tobacco, including, but not limited to, any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, mint, menthol, wintergreen, or spice flavoring that is imparted, prior to or during consumption, by a vapor product, including any smoke or vapor emanating from that vapor product.
B. 
A vapor product shall be deemed to have a characterizing flavor if the product is advertised or marketed as having or producing any or such distinguishable flavor, taste, or aroma.
HEALTH DEPARTMENT
The City of Vineland Health Department and may be referred to in this article as the "Department."
HEALTH OFFICER
The administrative officer of the City of Vineland Health Department and/or his or her authorized representatives.
NON-SELF-SERVICE TOBACCO AND/OR VAPOR PRODUCT VENDING MACHINE
A vending machine which vends tobacco and/or vapor products and:
[Amended 11-13-2018 by Ord. No. 2018-58; 10-13-2020 by Ord. No. 2020-46]
A. 
Which has attached thereto or constructed therein a device which precludes the self-service operation of said machine.
B. 
Can only be unlocked or activated by the owner or designees of such establishment wherein the machine is located after such owner or designee has made a proper identification as described in § 660-2 herein; and
C. 
Has permanently affixed thereto in a conspicuous location on the front of the machine a six-inch-by-eight-inch sign which shall state the following: "This vending machine is not self-service. A person desiring to purchase tobacco and/or vapor products from this machine is required to show proper identification to attendant. The sale of tobacco and/or vapor products to persons under the age of 21 is illegal."
PERSON
An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
RETAIL ELECTRONIC SMOKING ESTABLISHMENT
A physical establishment, duly licensed by the City of Vineland Department of Health that sells, offers for sale, gives, distributes or furnishes vapor products designed for consumption through inhalation as defined herein.
[Added 11-13-2018 by Ord. No. 2018-58; 10-13-2020 by Ord. No. 2020-46]
SELF-SERVICE TOBACCO AND/OR VAPOR PRODUCT DISPLAY
A display or rack where any person shall have the capability of direct access to tobacco, tobacco products, and vapor products as defined herein.
[Amended 11-13-2018 by Ord. No. 2018-58; 10-13-2020 by Ord. No. 2020-46]
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 RETAIL ESTABLISHMENT
A store, stand or booth at which not less than 75% of the retail floor area of said store, stand or booth is dedicated and used for the advertisement, examination and purchase of tobacco, tobacco products and products incidental to the use of tobacco products.
VAPOR PRODUCT
Any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limiting to, an e-cigarette, e-pipe, vape pen, or e-hookah. "Vapor products" further includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, regardless of whether the substance contains nicotine. "Vapor product" does not include any drug, device, or combination product approved by the Federal Food and Drug Administration pursuant to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq.
[Added 11-13-2018 by Ord. No. 2018-58; amended 10-13-2020 by Ord. No. 2020-46]
VENDING MACHINE
An automated, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarettes or other tobacco products.
VENDING MACHINE LOCATION
The room, enclosure, space or area where a tobacco vending machine is installed or operated.
[Added 10-13-2020 by Ord. No. 2020-46[1]]
Notwithstanding anything contained herein to the contrary, no retailer either directly or indirectly by an agent or an employee, or by a vending machine owned by the retailer or located in the retailers establishment, shall sell, offer for sale, distribute for commercial purposes at no cost or minimum cost, or with coupons or rebate offers, give or furnish to a person any vapor product that has a characterizing flavor.
[1]
Editor's Note: This ordinance also redesignated former §§ 660-7 through 660-9.1 as §§ 660-8 through 660-9.2.
[Added 11-13-2018 by Ord. No. 2018-58[1]; amended 10-13-2020 by Ord. No. 2020-46]
A. 
No person shall conduct, maintain or operate a retail vapor product establishment without first obtaining from the Department of Health a license to do so.
B. 
No itinerant establishments or vendors shall be permitted to obtain an vapor product establishment license.
C. 
The fees collected for the license may be used to fund the administration of this article and the development and maintenance of a Health Department age of sale enforcement program and other smoking cessation, prevention and control programs. Fees in accordance with the following schedule shall be paid before any license required in this article shall be issued: annual vapor product establishment license fee: $600 for the initial annual license and $300 per year for each renewal license thereafter.
D. 
Licenses issued under this article, unless forfeited or revoked by the Board of Health, shall expire annually on the 31st day of December each year or whenever the licensed establishment is no longer operating as a retail vapor product establishment, whichever first occurs. Renewal applications are to be filed on or before December 31 of each year.
E. 
No license is transferrable by sale or otherwise; a license is valid only for the specific premises and retail vapor product establishment listed thereon.
F. 
Such license shall be posted in a conspicuous place in the retail vapor product establishment.
[1]
Editor's Note: This ordinance also redesignated former §§ 660-7 through 660-9 as §§ 660-8 through 660-9.1, respectively.
A. 
Whenever the Health Officer or his/her designee reasonably believes there exists a violation of this article, he/she may issue a complaint no 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 section of this article 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/her designees, or any other person charged with enforcement of this article, 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/her designee, who may request the assistance of the Police Department of the City of Vineland when necessary to execute his or her official duty in a manner prescribed by law.
D. 
Citizens may bring complaints against violators of this article.
A. 
If any section, subsection or paragraph of this article is declared to be unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such 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 sections, subsections or paragraphs of the article.
B. 
This article shall be liberally construed for the protection of the health, safety and welfare of the people of the City of Vineland.
A. 
Unless otherwise provided by law, statute or ordinance, any person violating any of the provisions of this article shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty. Complaint shall be made in the Municipal Court of the City of Vineland or bef0225ore other judicial officer having authority under the laws of the State of New Jersey.
[Amended 10-27-2009 by Ord. No. 2009-68]
B. 
Each sale of tobacco and/or vapor products to persons under the age of 21 shall constitute a separate violation.
[Amended 11-13-2018 by Ord. No. 2018-58; 10-13-2020 by Ord. No. 2020-46]
C. 
The Health Officer may suspend the retail food establishment license of any person convicted of a third or subsequent violation of this article for a period of not more than three days pursuant to the authority of the Health Department to license and regulate food establishments as provided by N.J.S.A. 26:3-3 1c.
D. 
In addition, upon conviction of a first offense, the municipality may recommend to the Division of Taxation a suspension of the license issued under Section 202 of P.L. 1948, c. 65 (N.J.S.A. 54:40A-4) of a retail dealer pursuant to N.J.S.A. 2C:33-13.1. Upon conviction of a second or subsequent offense, the municipality may recommend revocation of the license issued as aforementioned.
[Amended 10-27-2009 by Ord. No. 2009-68]
E. 
In addition, the Health Officer may, upon a second or subsequent conviction of a violation of this article, revoke the license issued pursuant hereto. The vendor may request a hearing regarding the suspension before the Board of Health if, within 10 days after notice of such revocation, it requests a hearing, in writing, addressed to the Health Officer. A hearing shall be scheduled within 10 days of such request.
[Added 11-13-2018 by Ord. No. 2018-58]
F. 
A retailer that violates the provisions of § 660-7 of this article shall be liable to a civil penalty of not less than $500 for the first violation, not less than $1,000 for the second violation, and not less than $2,000 for the third and each subsequent violation. The civil penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.), in a summery proceeding before the Vineland Municipal Court. An official authorized by statute or ordinance of the City of Vineland to enforce state or local health codes or a law enforcement officer having enforcement authority in the City of Vineland shall issue a summons for a violation of the provisions of this § 660-7 and shall serve and execute all processes with respect to the enforcement to this section consistent to the Rules of Courts. A penalty recovered under the provisions of this subsection shall be recovered by and in the name of the state by the City of Vineland Board of Health. The penalty shall be paid into the treasury of the City of Vineland for the general use of the municipality.
[Added 10-13-2020 by Ord. No. 2020-46]
(1) 
In addition to the previsions hereinabove set forth, the Division of Taxation in the Department of Treasury:
(a) 
Shall, upon a third and each subsequent violation of the provisions of § 660-7, following the hearing by the City of Vineland Board of Health, suspend for a period not less of three years, the license issued under Section 4 P.L. 2019, c. 147 (N.J.S.A. 54: 40B-3.3) of a vapor business; and
(b) 
Notwithstanding the provisions of Subsection F(1)(a), a fourth or subsequent violation of the provisions of § 660-7 made upon the recommendations by the City of Vineland Board of Health, and following the hearing by the Board of Health, revoke the license issued under Section 4 P.L. 2019, c. 147 (N.J.S.A. 54: 40B-3.3) of a vapor business.
(c) 
A licensee whose license is subject to suspension or revocation shall additionally be subject to administrative charges, based on a schedule issued by the Director of the Division of Taxation.
(2) 
Nothing in this subsection shall be construed to apply to medical cannabis, medical cannabis products, paraphernalia, or related supplies dispensed to or on behalf of a registered qualifying patient pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.).
[Adopted 2-25-2014 by Ord. No. 2014-12]
Whenever used in this article, the following words shall have the following meanings:
HEALTH DEPARTMENT
The City of Vineland Health Department, and may be referred to in this article as the "Department."
HEALTH OFFICER
The administrative officer of the City of Vineland Health Department and/or his or her authorized representative.
MUNICIPAL BUILDINGS AND IMPROVEMENTS
Shall include all structures owned, leased, rented and/or operated by the City of Vineland, and/or occupied by City employees, which are open to the public or to which the public may be invited.
SMOKING
The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, cigarillo or pipe or any other matter or substance which contains tobacco.
TOBACCO PRODUCT
Any product containing tobacco or nicotine, including but not limited to cigars, cigarillos, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, snus, and electronic cigarette cartridges.
VAPOR PRODUCT
The use of an electronic device that can be used to deliver nicotine or other substances to the person inhaling the device, including, but not limited to, an electronic cigarette, cigar, cigarillo or pipe.
[Amended 10-13-2020 by Ord. No. 2020-46]
A. 
Smoking or use of tobacco products on public property upon which is constructed a public building or other improvements open to the public or to which the public may be invited is prohibited.
B. 
No person shall engage in smoking or the use of tobacco products while on the grounds upon which are constructed municipal buildings and improvements, including contiguous properties owned, leased, rented and/or operated by the City of Vineland, regardless of whether any municipal building or improvement is constructed thereon.
A. 
This article shall be enforced by the Health Officer, the Police Department and/or the Recreation Commission or any other person charged with the enforcement of ordinances in the City of Vineland.
B. 
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Health Officer or a member of the Recreation Commission or their designee executing their official duty in a manner prescribed by law.
C. 
Citizens may bring complaints against violators of this article.
Any person found to be in violation of this article shall, upon conviction, be subject to the following penalties:
A. 
A fine of not less than $50 but not exceeding $100 for the first offense;
B. 
A fine of not less than $100 but not exceeding $200 for the second offense;
C. 
A fine of not less than $200 but not exceeding $500 for the third offense.