[HISTORY: Adopted by the Borough of Rutherford
Council 6-8-1999 by Ord. No. 2894-99; amended in its entirety 7-13-2015 by Ord. No. 3372-15. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 68.
The purpose of this chapter is to promote and protect the public
health, safety and welfare of minors by prohibiting the sale of tobacco
and nicotine delivery products within the Borough of Rutherford to
persons under the age of 21.
Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them the meanings
they have in common usage and to give this chapter its most reasonable
application. As used in this chapter, the following shall have the
meanings indicated:
The Rutherford Health Department.
The Rutherford Health Officer and/or his or her authorized
representative.
Any product that is designed to deliver nicotine or vapor,
including, but not limited to, what are commonly known as "e-cigarettes"
or other types of electronic smoking devices, or any cartridge or
other component of such device, or related products including but
not limited to any substances used in such devices, such as liquids
or powders or other forms of tobacco, but excluding United States
Food and Drug Administration approved nicotine patches or nicotine
chewing gum.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee, or any other
legal entity.
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.
Any person or entity that operates a store, stand, booth,
concession, or place at which sales of tobacco or nicotine delivery
products are made to purchasers for consumption or use. The term shall
also mean any person or entity that owns, operates, or uses a tobacco
vending machine and/or a tobacco vending machine location as defined
herein.
Any automated, self-service device which, upon insertion
of money, tokens, or other form of payment, dispenses nicotine delivery
products, cigarettes, or other tobacco products.
The room, enclosure, space or area where a tobacco vending
machine is installed and operated.
A.
No person shall sell tobacco or nicotine delivery products in the
Borough of Rutherford unless an employee of the establishment controls
the sale of such products. A person may only sell tobacco or nicotine
delivery products in a direct, face-to-face exchange between the retailer
and the consumer. Self-service displays and vending machines of tobacco
or nicotine delivery products shall be prohibited.
B.
No person shall sell, distribute, or give tobacco or nicotine delivery
products to any person under the age of 21 years.
C.
Tobacco retailers shall conspicuously post and reasonably maintain
signs having a minimum size of six inches by eight inches where tobacco
or nicotine delivery products are displayed and at all checkout counters
notifying customers that proof of age is required to purchase tobacco
or nicotine delivery products.
D.
Any person selling tobacco or nicotine delivery products shall verify
by means of government-issued photographic identification containing
the bearer's date of birth that no person purchasing the tobacco-
or nicotine-containing products is younger than 21 years of age. No
such verification is required for any person over the age of 26. No
clerk shall sell tobacco or nicotine delivery products to a person
less than 21 years of age who has a note or any form of communication
from any person, including an adult.
E.
No person or tobacco retailer selling tobacco or nicotine delivery
products shall allow an employee to sell or distribute such products
until the employee has read the provisions of this chapter and state
laws pertaining to the sale or distribution of tobacco and nicotine
delivery products and has signed a statement that the employee has
read such ordinances and state laws. Such form statement will be supplied
by the Health Department and the signed original statement shall be
filed with the Health Department and a copy shall be kept on file
by the tobacco retailer for the length of time that the person is
employed and made available for review by the Health Department.
F.
No person
not in operation at the time of the adoption of this section shall
sell tobacco or nicotine delivery products within a Drug-Free Zone,
as defined by N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1.
[Amended 4-25-2022 by Ord. No. 3608-22]
[Amended 6-27-2022 by Ord. No. 3614-22]
A.
The enforcement authority for this chapter shall be the Health Officer
for the Borough of Rutherford or his/her designee and/or the Rutherford
Police Department.
B.
The Health Officer may, after giving proper identification, inspect
any matter, thing, premises, place, person, record, vehicle, incident,
or event as necessary to execute his or her official duties in a manner
prescribed by law.
C.
It shall be unlawful for any person to molest, willfully oppose,
verbally abuse or otherwise obstruct the Health Officer in his/her
enforcement of this chapter, and the Health Officer may request the
assistance of the Rutherford Police Department or other police agency
or peace officer when necessary to execute his or her official duties
in a manner prescribed by law.
D.
Citizens may bring complaints against violators of this chapter.
E.
No person
shall sell nicotine delivery products in the Borough of Rutherford
without first obtaining a license from the Department of Health to
do so on the premises.
F.
The annual
license fee shall be $900, except for those issued in 2022, the fee
shall be $300. All licenses shall expire on December 31 in the year
in which they are issued.
G.
No license
is transferable by sale or otherwise; a license is valid only for
the specific premises and person listed thereon.
H.
No itinerant
establishments or vendors shall be permitted to obtain a license.
I.
No person or retailer selling electronic smoking devices shall allow an employee to sell or distribute such products until the employee has read Chapter 116A, Tobacco Products, of the Rutherford Board of Health Code and state laws pertaining to the sale or distribution of electronic smoking devices and has signed a statement that the employee has read such code and state laws. Form statements will be supplied by the Health Department and the signed original statement shall be filed with the Health Department and a copy shall be kept on file by the retailer and made available for review by the Health Officer or designee.
A.
A person who violates the provisions of this chapter, including any
employee of a retail dealer licensee under P.L. 1948 c. 65 (N.J.S.A.
54:40A-1 et seq.) who actually sells or otherwise provides tobacco
product to a person under 21 years of age, shall be liable to a civil
penalty of not less than $250 for the first violation, not less than
$500 for the second violation, and not less than $1,000 for the third
and each subsequent violation. Complaint shall be made in the municipal
court of Rutherford or before such other judicial officer having authority
under the laws of the State of New Jersey.
B.
Each sale of tobacco and/or nicotine delivery product in violation
of this chapter shall constitute a separate violation.
[Amended 4-25-2022 by Ord. No. 3608-22]
C.
In addition to the penalties set forth in Subsection A above, the Rutherford Board of Health 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 Board of Health to license and regulate food establishments as provided by N.J.S.A. 26:3-31(c).
All ordinances or parts of ordinances contrary to or inconsistent
with the provisions of this chapter are hereby repealed to the extent
of such conflict or inconsistency.
If any section or provision of the chapter be adjudged invalid
or unconstitutional, preempted by federal or state law, or otherwise
invalid by any court of competent jurisdiction, the same shall not
affect the validity of the chapter as a whole or any other section
or provision hereof.
This chapter shall take effect 20 days following its passage
and publication, or as otherwise provided by law.
