[Adopted by the Mayor and Council 10-22-2002 (Ch. 84, Art. III, of the 1966 Code)]
Except as provided hereinafter, the sale of cigarettes or tobacco through vending machines of any type or in any form is hereby prohibited in the Borough of Raritan.
If the owner of a vending machine through which cigarettes or tobacco are to be sold conclusively proves to the Borough of Raritan Board of Health that the location of the vending machine would be such that minors would not have access thereto, then upon application, formal hearing and determination by the Board of Health that the location of such vending machine is such that minors would not have access thereto, the Board of Health shall issue a written recommendation to the Borough Clerk recommending that a license be issued for said vending machine. The licensee shall pay an annual licensing fee of $50 per machine to defer the costs of inspection.
The Borough Health Officer and Code Enforcement Officer are authorized to enforce the provisions of this article. In order to enforce this article, the Health Officer or his designee, or any other person charged with enforcement under this article, after giving proper identification, may inspect any matter, thing, premises, place, person, record or vehicle as necessary for the enforcement of this article. If any inspection conducted pursuant to this article reveals that any minor has or had access to a licensed cigarette vending machine, then the license for said machine shall be null and void and the licensee shall be subject to the provisions of § 356-13.
In addition to revocation of licenses, any enforcing or inspecting personnel or any other individual may make complaint to the Municipal Court of the Borough of Raritan for any violation of this article, or any section, paragraph or provision thereof. Upon conviction in such case, for each and every violation, the person committing, taking part or assisting in such violation or violations shall be subject to a fine of not more than $500, or be imprisoned in the County Jail for a period not exceeding 90 days, or both, at the discretion of the Judge of the Municipal Court. Each day that a violation is permitted to exist shall constitute a separate offense.
Any person owning, operating, renting or permitting the use of the machine for vending cigarettes or tobacco in any form on premises under his or her control shall immediately terminate the use of said machine and shall, within 20 days of the effective date of this article, remove or cause to be removed any such machine from the Borough, or shall cause an application to be made to the Board of Health for a license to be issued for the use of such machine in accordance with this article.