[HISTORY: Adopted by the Mayor and Council of the Borough of Runnemede 5-7-1996 by Ord. No. 96-11 (Ch. 101A of the 1970 Code). Amendments noted where applicable.]
Alcoholic beverages — See Ch. 70.
There exists conclusive evidence that tobacco smoke causes cancer, respiratory disease, cardiovascular disease, negative birth outcomes as well as irritations to the eyes, nose and throat. Both smokers and those exposed to secondhand smoke are at risk. It is the opinion of the Board of Health that nonsmokers should not be involuntarily exposed to tobacco smoke.
More than 90% of all smokers begin smoking before the age of 18 and an estimated 3,000 minors begin smoking every day in the United States. There is, therefore, an important health need to reduce easy access to tobacco products by youths through strict enforcement of the state law prohibiting sales to minors.
It shall be unlawful to sell tobacco to a person under 19 years of age.
Sign requirements. The following six-inch-by-eight-inch sign shall be posted in a conspicuous place near each cash register in all retail establishments in which tobacco products are sold:
THE SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF NINETEEN IS PROHIBITED BY LAW. Legal Proof of Age must be shown. A person who sells or offers to sell a tobacco product to a person under Nineteen Years of Age may be prosecuted in accordance with State and Local Ordinances.
It shall be unlawful for a tobacco retailer to sell or permit to be sold tobacco to any individual without requesting or examining identification from the purchaser, positively establishing the purchaser's age as 19 years of age or greater, unless the seller has some other conclusive basis for determining that the buyer is over the age of 19 years.
As used in this chapter, the following terms shall have the meanings indicated:
- ELECTRONIC SMOKING DEVICE
- An electronic smoking device that can be used to deliver
nicotine or other substances to the person inhaling from the device,
including, but not limited to, an electronic cigarette, cigar, cigarillo
or pipe.[Added 10-4-2016 by Ord. No. 16-11]
- MUNICIPAL BUILDING
- All municipal offices, police station, fire stations, schools and school administration, water treatment plants, Department of Public Works and any and all facilities owned and/or operated by the Borough of Runnemede.
- Any individual, partnership, cooperative, association or corporation, personal or representative, receiver, trustee, assignee or any other legal entity.
- The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted cigar, cigarette, pipe or any other matter
or substance which contains tobacco or any other matter that can be
smoked, or the inhaling or exhaling of smoke or vapor from an electronic
smoking device.[Added 10-4-2016 by Ord. No. 16-11]
- Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling or any other 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 the purchaser for the consumption or use. It shall also mean a person or entity which owns, operates or uses a vending machine and/or a vending machine location.
- TOBACCO VENDING MACHINES
- Any automatic, self-service device which, upon the insertion of money, tokens or any other form of payment, dispenses cigarettes or other tobacco products.
[Amended 9-4-1996 by Ord. No. 96-17]
It shall be unlawful for any person, firm, company, corporation, association or business to offer for sale or to sell tobacco by or through a tobacco vending machine in the Borough of Runnemede, except that any establishment with an alcoholic beverage license in accordance with § 70-1 et seq. may have a tobacco vending machine, provided that it is placed out of the reach of patrons and only accessible to the owners, employees, agents and/or servants of the establishment.
All tobacco vending machines must be removed from such businesses located in the Borough of Runnemede within 20 days of the passage of this chapter.
[Amended 12-27-2001 by Ord. No. 01-17]
A retail dealer who holds a license to sell tobacco products pursuant to Section 202 of P.L. 1948, c. 65 (N.J.S.A. 54:40A-4) shall only display tobacco products available for retail sale in an area under control of the retail dealer or other employee of the establishment.
As used in this section, "under control" means in a locked display case or behind the counter and accessible only to a person standing behind the counter.
[Amended 12-7-2010 by Ord. No. 10-13]
Smoking, electronic smoking devices prohibited. To protect members of the public and the property of the Borough of Runnemede from the hazards of breathing smoke from cigarettes, cigars, pipes, electronic smoking devices and the like, and the detrimental effects on the property of the Borough of Runnemede, smoking and electronic smoking devices are prohibited:
[Amended 10-4-2016 by Ord. No. 16-11]
In or about any municipal building or structure;
In or on any municipally owned park, playground, recreational area or athletic fields;
In or on any municipally owned parking lots or parking facilities located near or adjacent to the above facilities, or located anywhere within the Borough of Runnemede.
Designated smoking areas are excepted from the provisions of this subsection.
Unless otherwise provided by law, statute or ordinance, any person violating any of the provisions contained within this chapter shall, upon conviction thereof, be subject to the penalty as provided in § 1-15, General penalty, of this Code.
[Amended 3-2-2010 by Ord. No. 10-04]
Each sale of tobacco to a minor shall constitute a separate violation.
Each day in which a tobacco vending machine is owned or operated, rented or permitted on a premises shall constitute a separate violation.
It shall primarily be the responsibility of the Police Department to monitor and/or enforce this chapter, which shall do so through periodic inspections or other legal means.