[HISTORY: Adopted by the Board of Health of the Township
of Delaware 3-4-1996 by Ord. No. 1996-10BH. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any police or peace officer or law enforcement official,
or the Administrative Authority or Health Officer of the Delaware
Township Board of Health, and/or his or her authorized representatives,
including representatives of the Hunterdon County Health Department.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee, or any other
legal entity.
Any place or business that sells to the public at retail.
Any product made from the tobacco plant or containing tobacco
leaf, for the purpose of smoking, chewing, inhaling or other personal
use, including but not limited to cigarettes, cigars, pipe tobacco,
chewing tobacco, snuff and dipping tobacco.
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. Shall also mean a person or entity that owns,
operates or uses a vending machine and/or a vending machine location.
Any mechanical, electrical or electronic self-service device,
which, upon insertion of monies, tokens or any other form of payment,
dispenses tobacco or tobacco products, either exclusively or as one
kind of an available item.
The room, enclosure, space or area where a tobacco vending
machine is installed and operated.
The following six-inch-by-eight-inch sign shall be posted in
a conspicuous place near each cash register in all retail establishments
which sell tobacco products, in addition to any sign required by state
law:
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SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 18 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 18 years of age shall
be prosecuted in accordance with state and local law.
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It shall be unlawful for a tobacco retailer to sell or permit
to be sold tobacco to any individual without first requesting and
examining identification from the purchaser positively establishing
the purchaser's age as 18 years or greater, unless the seller
has some other conclusive basis for determining the buyer is over
the age of 18 years.
In view of the indiscriminate sales of tobacco products to minors
through tobacco vending machines, all tobacco vending machines are
hereby prohibited in the Township of Delaware. It shall be unlawful
for any person, firm, corporation or association to possess, own,
operate, rent or permit the use of, or operation of, a tobacco vending
machine in, on, or about the premises under his or her ownership,
control or management to sell, or offer for sale any tobacco product
through a tobacco vending machine in the Township of Delaware.
All tobacco vending machines unlawful by the terms of this chapter
shall be removed within 30 days from the effective date of this chapter.
A.Â
Any person, firm, corporation or association violating § 388-2, 388-3, 388-4, 388-5 or 388-6 of this chapter shall be subject to the following: a fine not exceeding $1,000, provided that there shall be a minimum fine of $250 for the first violation, and $250 and such other fines and penalties within the discretion of the court for second and subsequent violations. Each day on which a tobacco vending machine owned, operated, rented or permitted on the premises of the person, firm, corporation or association shall be deemed a separate violation and shall be subject to an additional fine or penalty as herein set forth.
B.Â
The enforcement officer shall have the power to investigate any alleged
violations of this chapter and to issue a summons and complaint where
there has been a violation of this chapter in municipal court or other
court having jurisdiction.
