[Adopted 9-21-2016 by Ord. No. 6-15-2016]
A.
No person shall sell tobacco or nicotine delivery products in the
Borough of Haledon unless the sale of such products is controlled
by an employee of the establishment. 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 or self-service
devices 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 check-out 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 or receiving
the tobacco or nicotine containing products is younger than 21 years
of age. Further, no clerk shall sell tobacco or nicotine delivery
products to a person less than 21 years of age presenting 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 Board Ordinance 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 will be filed with the
Health Department and a copy shall be kept on file by the tobacco
retailer and made available for review.
The Haledon Health Department.
The health officer employed or contracted by the Borough
of Haledon consistent with N.J.A.C. 8:52-4.1 or his/her authorized
representative or designee.
Products which are 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, usable as a substitute
for cigarettes or other forms of tobacco, but excluding nicotine patches
or nicotine chewing gum.
For purposes of this article, 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.
A.
The enforcement authority for this article shall be the Health Officer
or his/her designee.
B.
The Health Officer or his/her designee 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 or his/her
designee in the enforcement of this article, and the Health Officer
or his/her designee may request the assistance of the Haledon 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 article.
A.
A person who violates the provisions of this article, including any
person who actually sells or otherwise distributes tobacco or nicotine
delivery product(s) 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 $1000 for the third and each subsequent
violation. Complaint shall be made in the municipal court of Haledon
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 to any person
under the age of 21 shall constitute a separate violation.
