[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:
HEALTH DEPARTMENT
The Rutherford Health Department.
HEALTH OFFICER
The Rutherford Health Officer and/or his or her authorized representative.
NICOTINE DELIVERY PRODUCT
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.
PERSON
An 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 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.
TOBACCO VENDING MACHINE
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.
TOBACCO VENDING MACHINE LOCATION
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).
D. 
In addition to the penalties set forth in Subsection A above, the Rutherford Board of Health may suspend or revoke a license to sell nicotine delivery products of any person convicted of more than three violations of this chapter.
[Added 6-27-2022 by Ord. No. 3614-22]
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.