It shall be unlawful to sell tobacco/cigarettes to a person
under 18 years of age.
It shall be unlawful for a tobacco/cigarette retailer to sell
or permit to be sold tobacco/cigarettes to any individual without
requesting and examining identification from the purchaser positively
establishing the purchaser's age as 18 years or greater unless
the seller has some conclusive basis for determining the buyer is
over the age of 18 years.
It shall be unlawful to offer for sale or to sell tobacco/cigarettes
through a tobacco/cigarette machine or from a freestanding or attached
display of tobacco/cigarettes in the Borough of Paramus. All tobacco
must be dispensed to the customer by the clerk from inventory that
is behind the counter and out of the grasp of the public.
All tobacco/cigarette machines made unlawful by the terms of
this article shall be removed within 30 days from the effective date
of this article; provided, however, that nothing herein contained
shall be construed to permit the use or installation of any cigarette
vending machine made unlawful pursuant to Ordinance No. 102 of the
Board of Health.
As used in this article, the following terms shall have the
meanings indicated:
FREESTANDING or ATTACHED TOBACCO/CIGARETTE DISPLAY
Any display promotion of tobacco/cigarette products in any
area of a store or food establishment or other premises not specifically
behind a sales counter and within the grasp of the public so as to
be self-service.
HEALTH OFFICER
The administrative officer of the Paramus Board of Health
and/or his or her authorized representatives.
PERSON
Any individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee or any other
legal entity.
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 RETAILER
Any person or entity that operates a store, stand, booth,
concession or place from which sales of tobacco are made to purchasers
for consumption or use.
VENDING MACHINES or CIGARETTE MACHINES
Any automated machine or device which dispenses cigarettes
or other tobacco products in any form, regardless of whether same
is operated or activated through remote control device or with or
without the insertion of money, token or other form of payment.
This article repeals and replaces in its entirety Paramus Board
of Health Ordinance No. 102, said repeal to be effective upon the
effective date of this article; provided, however, that nothing contained
in this article or the repeal of Ordinance No. 102 shall authorize
or allow, as of the effective date of this article, the installation,
use or maintenance of any cigarette vending machine rendered unlawful
pursuant to Ordinance No. 102.