[HISTORY: Adopted by the Board of Health of the Township
of Hanover 5-11-2016 by Ord. No.
BH2-16. Amendments noted where applicable.]
A.
No person shall sell tobacco or nicotine delivery products in Hanover
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 font area 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 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 under any circumstances, including a person
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 Hanover Board of Health ordinances
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 and made available for review by the
Health Department.
As used in this chapter, the following terms shall have the
meanings indicated:
The Hanover Health Department.
The Hanover 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 nicotine, 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, tokes, 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.
The enforcement authority for this chapter shall be the Hanover Health
Officer or her/his designee.
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 enforcement
of this chapter, and the Health Officer may request the assistance
of the Hanover 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.
Complaints shall be made to the Health Officer or the Hanover Township
Police Department.
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 Hanover 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.
