Borough of Highland Park, NJ Article III Retail Sale of Tobacco and Electronic Smoking Devices

[Adopted 4-14-2015 by Ord. No. 15-1884]

§ 165-9 Sale restrictions.

A. No person shall sell tobacco products or electronic smoking devices as defined in § 165-5 of this Code in the Borough of Highland Park unless the sale of such products is controlled by an employee of the establishment. A person may only sell tobacco products or electronic smoking devices in a direct, face-to-face exchange between the retailer and the consumer or by an internet sale. Self-service displays of tobacco products or electronic smoking devices shall be prohibited.

B. No person shall sell tobacco products or electronic smoking devices to any person under the age of 21 years or give tobacco products or electronic smoking devices to any person under the age of 21.

C. Retail establishments where tobacco products or electronic smoking devices are sold shall conspicuously post and reasonably maintain signs having a minimum size of six inches by eight inches where these products are displayed and at all check-out counters notifying customers that proof of age is required to purchase tobacco products or electronic smoking devices. Internet sales shall also notify customers that proof of age is required to purchase tobacco products or electronic smoking devices.

D. All employees selling tobacco products or electronic smoking devices shall verify by means of government-issued photographic identification containing the bearer's date of birth that no person purchasing the tobacco or electronic smoking devices is younger than 21 years of age. No such verification is required for any person over the age of 26. No employee shall sell tobacco products or electronic smoking devices to a person under 21 years of age who has a note from an adult requesting such sale. All Internet sales shall also require the customer certifying that he or she is at least 21 years of age.

E. No owner of a retail establishment selling tobacco products or electronic smoking devices shall allow an employee to sell or distribute such products until the owner has had the employee read the Borough of Highland Park ordinances and state laws pertaining to the sale or distribution of tobacco products and electronic smoking devices. The owner shall sign a statement that the employee(s) have read such ordinances and state laws. Such statement will be supplied by the Board of Health and kept on file at the establishment subject to review by the Health Officer.

§ 165-10 Violations and penalties.

For violation of this article, penalties shall be assessed under the general penalty provisions of this Code as set forth in Chapter 1, Article III.

§ 165-11 Enforcement.

This article shall be enforced by the Borough of Highland Park Police Department, Borough of Highland Park Code Enforcement Office and the Borough of Highland Park Health Officer, all of which shall be authorized to issue summonses to violators.