[HISTORY: Adopted by the Council of the Borough
of Fair Lawn as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-21-2016 by Ord. No. 2390-2016[1]]
[1]
Editor's Note: This ordinance also repealed former Art.
I, Sales to Minors; Vending Machines, adopted 9-13-1994 by Ord. No.
1573-94, as amended.
A.
No person shall sell tobacco or electronic smoking device products
in the Borough of Fair Lawn unless an employee of the establishment
controls the sale of such products. A person may only sell tobacco
in a direct, face-to-face exchange between the retailer and the consumer.
Self-service displays and vending machines of tobacco shall be prohibited.
B.
No person shall sell, distribute or give tobacco in any form, including
electronic smoking device products, to any person under the age of
21.
C.
Tobacco retailers shall conspicuously post and reasonably maintain
signs having a minimum size of six inches by eight inches where tobacco
is displayed and at all check-out counters, notifying customers that
proof-of-age identification is required for a retailer to sell, distribute
or give tobacco or electronic smoking device products to a customer.
D.
Any person selling tobacco or electronic smoking device products
shall verify, by means of government-issued photographic identification
containing the bearer's date of birth, that no person purchasing
the tobacco is younger than 21 years of age. No clerk shall sell tobacco
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 electronic smoking
device products shall allow an employee to sell or distribute such
products until the employee has read the Borough of Fair Lawn's
ordinances and state laws pertaining to the sale or distribution of
tobacco and has signed a statement that the employee has read such
ordinances and state laws. Such form statement will be supplied by
the Borough, and a signed original statement shall be filed with the
Health Department, and a copy shall be kept on file by the tobacco
retailer and made available for review by the Health Department.
As used in this article, the following terms shall have the
meanings indicated:
Any device that can be used to deliver nicotine or other substances
to the person inhaling from the device, including but not limited
to, an electronic cigarette, cigar, cigarillo, or pipe or any cartridge
or other component of the device or related product; and
Any substances used in such devices, such as liquids, powders,
gels or waxes or other forms of tobacco, but excluding United States
Food and Drug Administration approved smoking cessation products such
as 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,
including electronic smoking device products.
Any person or entity that operates a store, stand, booth,
concession, or place at which sales of tobacco or electronic smoking
device 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 cigarettes or other
tobacco products or electronic smoking device products.
The room, enclosure, space or area where a vending machine
dispensing tobacco or electronic smoking device products is installed
and operated.
A.
The enforcement authority for this article shall be the Fair Lawn
Health Officer or his/her designee and the Fair Lawn Police Department.
B.
The Health Officer or his/her designee or the Fair Lawn Police Department
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 his/her enforcement of this article, and the Health Officer
may request the assistance of the Fair Lawn 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
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
products or electronic smoking device products 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 Fair Lawn or before
such other judicial officer having authority under the laws of the
State of New Jersey.
B.
Each sale of tobacco or electronic smoking device products to any
person under the age of 21 shall constitute a separate violation.
C.
In addition to the penalties set forth in Subsection A above, pursuant to § 2-54 of the Code of the Borough of Fair Lawn, the Fair Lawn Health Officer may suspend the retail food establishment license of any person convicted of a violation of this article, for a period of not more than three days, pursuant to the authority of the Health Officer to license and regulate food establishments as provided by N.J.S.A. 26:3-31c.
This article shall be liberally construed for the protections
of the health, safety and welfare of the people of the Borough of
Fair Lawn.
[Adopted 7-23-2002 by Ord. No. 1918-2002]
As used in this article, the following terms
shall have the meanings indicated:
Any motor vehicle, street, road, sidewalk, walkway, park
or open space located within the Borough and which is within 1,000
feet of any school property used for school purposes.
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.
[Amended 10-24-2006 by Ord. No. 2063-2006; 6-21-2016 by Ord. No. 2390-2016]
It shall be unlawful for any person under the age of 21 years
to smoke or use a tobacco product or electronic smoking device product
in or on any prohibited area or to possess in open view an opened
pack, opened container holding a tobacco product or electronic smoking
device products in any prohibited area.
[Amended 9-3-2002 by Ord. No. 1925-2002; 10-24-2006 by Ord. No. 2063-2006; 6-14-2011 by Ord. No. 2215-2011; 6-21-2016 by Ord. No. 2390-2016]
A violation by a person under the age of 21
years of this article shall be subject to the following penalties
and enforcement:
A.
First offense: a fine of not less than $25 nor more
than $50.
B.
Second offense: a fine of not less than $25 nor more
than $50 and a period of community service not to exceed a total of
four hours, in the discretion of the court.
C.
Third and fourth offenses: a fine of not less than
$50 nor more than $100 and a period of community service not to exceed
eight hours, in the discretion of the court.
D.
Fifth offense and subsequent offenses: a fine of not
less than $200 and a period of community service not to exceed a total
of eight hours, in the discretion of the court.
[Amended 10-24-2006 by Ord. No. 2063-2006; 6-21-2016 by Ord. No. 2390-2016]
In addition to enforcement by any law enforcement
officer, any citizen may file a complaint against any person under
the age of 21 years who violates this article on a form provided by
the Department of Police.
