[[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.
(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 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.
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.
The City of Vineland Health Department and may be referred
to in this article as the "Department."
The administrative officer of the City of Vineland Health
Department and/or his or her authorized representatives.
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]
Which has attached thereto or constructed therein a device which
precludes the self-service operation of said machine.
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
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."
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee or any other
legal entity.
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]
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]
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.
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.
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]
An automated, self-service device which, upon insertion of
money, tokens or any other form of payment, dispenses cigarettes or
other tobacco products.
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.
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.
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:
The City of Vineland Health Department, and may be referred
to in this article as the "Department."
The administrative officer of the City of Vineland Health
Department and/or his or her authorized representative.
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.
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.
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.
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:
