[HISTORY: Adopted by the Board of Health of the Township of Manalapan 7-23-1996 by Ord. No. BH:1996-5. Amendments noted where applicable.]
GENERAL REFERENCES
Minors in possession of alcoholic beverages — See Ch. 55.
Tossing burning cigarettes in parks — See Ch. 163, Art.I.
Use of tobacco in tattoo parlors — See Ch. 249, § 249-4K.
Retail food handling establishments — See Ch. 256, Art. III.
[Amended 6-24-2008 by Ord. No. BH:2008-04; 3-26-2019 by Ord. No. BH:2019-04]
A. 
It shall be unlawful to sell tobacco to a person under 21 years of age.
B. 
Sign requirements. Not less than a 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 containing the following language: SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 21 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 21 years of age may be prosecuted in accordance with state and local ordinances.
[Amended 6-24-2008 by Ord. No. BH:2008-04; 3-26-2019 by Ord. No. BH:2019-04]
It shall be unlawful for a tobacco retailer to sell or permit to be sold tobacco 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.
A. 
It shall be unlawful to offer for sale or to sell tobacco through a tobacco vending machine in the Township of Manalapan.
B. 
The sale of "rolling papers" in any forms and in any quantity to any person under the age of 21 years is prohibited.
[Amended 6-24-2008 by Ord. No. BH:2008-04; 3-26-2019 by Ord. No. BH:2019-04]
C. 
Self-service tobacco displays are prohibited in all retail establishments.
[Added 10-24-2000 by Ord. No. BH:2000-3]
As used in this chapter, the following terms shall have the meanings indicated:
HEALTH DEPARTMENT
The Department of Health of the Township of Manalapan and may be referred to in this chapter as the "Department."
HEALTH OFFICER
The Administrative Officer of the Department of Health of the Township of Manalapan.
LAW ENFORCEMENT OFFICER
Any member of the Township of Manalapan Police Department.
PERSON
An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
SELF-SERVICE DISPLAYS
Any racks, stands or other display devices from which a customer may take tobacco products directly with only payment to be made to the tobacco retailer.
[Added 10-24-2000 by Ord. No. BH:2000-3]
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 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.
VENDING MACHINE
Any automated, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarettes or other tobacco products.
A. 
Whenever the Health Officer, or his/her designee or a law enforcement officer, reasonably believes there exists a violation of this chapter, such officer or designee may issue a summons and complaint not later than 60 days after discovery of the alleged violation. This complaint shall be written and shall state with reasonable particularity the nature of the violation, including reference to the article and section of this chapter alleged to have been violated. The complaint shall be delivered or sent by certified mail to the alleged violator.
B. 
The Health Officer, designee or law enforcement officer charged with enforcement of this chapter, 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, designee or law enforcement officer, who may request the assistance of the Township of Manalapan Police Department, or other police agency or peace officer when necessary to execute his or her official duty in a manner prescribed by law.
D. 
Citizens may bring complaints against violators of this chapter.
A. 
Unless otherwise provided by law, statute or ordinance, any person violating any of the provisions of this chapter shall, upon conviction thereof, pay a penalty of not less than $100, nor more than $500 for each offense. Complaint shall be made in the Municipal Court or before such other judicial officer having authority under the laws of the State of New Jersey.
B. 
Each sale of tobacco and/or rolling papers to a minor shall constitute a separate violation. Each day that a tobacco vending machine or self-service tobacco display remains on any premises or tobacco is sold without the required sign shall constitute a separate and distinct offense.
[Amended 10-24-2000 by Ord. No. BH:2000-3]
C. 
The Board of Health of the Township of Manalapan may suspend the retail food establishment license of any person convicted of violation of this chapter, 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. 26:3-31(c).
[Added 4-26-2011 by Ord. No. BH:2011-02]
A. 
Registration required.
(1) 
No person, firm, partnership or corporation shall operate a cigar bar, cigar lounge or tobacco retail establishment, as defined by N.J.S.A. 26:3D-55 et seq., without first registering such establishment with the Health Department as required by N.J.S.A. 26:3D-55 et seq. and N.J.A.C. 8:6-1.1 et seq.
(2) 
The applicant for such registration shall pay a fee of $200 for the initial registration and $100 for each annual renewal of the registration thereafter.
(3) 
All registrations must be posted in public view.
(4) 
Registrations granted under this chapter expire on June 30 of the year following issuance as per N.J.A.C. 8:6-3.3(d).
(5) 
Registration applications for renewal must be submitted no later than April 15 of the year in which they expire as per N.J.A.C. 8:6-3.4(a).
B. 
Operation. All persons, firms, partnerships or corporations who have registered a cigar bar, cigar lounge or tobacco retail establishment with the Health Department must maintain and operate said establishment in conformance with N.J.S.A. 26:3D-55 et seq. and N.J.A.C. 8:6-1.1 et seq.
C. 
Violations and penalties. Any person, firm, partnership or corporation found in violation of this chapter, upon conviction thereof, shall be punished as provided in Section 262 of the General Provisions of the Code of the Township of Manalapan.