The purpose of this chapter is to prohibit the sale, furnishing
or giving of tobacco and nicotine delivery products to persons under
the age of 21. The Township of Cedar Grove recognizes the dangers
and health risks associated with teenagers and young persons who start
smoking, as set forth in various studies conducted by the United States
Department of Health and surveys conducted by other entities. The
Township of Cedar Grove has concluded that it is appropriate to prohibit
the sale, furnishing or giving of tobacco and nicotine delivery products
within the Township of Cedar Grove to persons under the age of 21.
The Township Council adopts the following findings with respect
to this article:
A.
Cigarette smoking causes about one out of every five deaths in the
United States every year (Centers of Disease Control and Prevention,
2014).
B.
Ninety percent of all tobacco users start before the age of 21 (Campaign
for Tobacco-Free Kids, 2015).
C.
Every day, more than 1,200 people in this country die due to smoking
(United States Surgeon General, 2016).
D.
The younger a child begins smoking, the more likely it is that he/she
will become a heavy smoker as an adult (Surgeon General's Report,
1994).
E.
As of 2015, the American Academy of Pediatrics strongly recommends
the minimum age to purchase tobacco products, including e-cigarettes,
be increased to age 21.
F.
Raising the minimum age of legal access to tobacco products to at
least 21 years old would significantly reduce smoking rates, resulting
in 223,000 fewer premature deaths, 50,000 fewer deaths from lung cancer,
and 4.2 million fewer years of life lost for persons born between
2000 and 2019 (Institute of Medicine, 2015).
G.
Seventy-five percent of United States adults support raising the
age of tobacco product sales to age 21 (United States Centers for
Disease Control and Prevention, 2015).
H.
Teens that use e-cigarettes have a willingness to start smoking conventional
cigarettes, more so than teens that do not use e-cigarettes (Tobacco
Control Journal, 2015).
I.
E-cigarette use amongst high school students has tripled from 2013
to 2014 (Center for Disease Control, 2015).
A.
No person shall sell, distribute or give tobacco or nicotine delivery
products in the Township of Cedar Grove 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 all 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.
No person or tobacco retailer selling tobacco or nicotine delivery products shall allow the retailer, employee or any other person to sell, distribute or give such products until the retailer, employee or other person has read the Cedar Grove ordinances and state laws pertaining to the sale or distribution of tobacco and nicotine delivery products and has signed a statement that they have read such ordinances and state laws. Such form statement will be supplied by the Health Department and all signed original statements shall be kept on file by the tobacco retailer and made immediately available at all times for review by the Health Department. All retailers shall be in compliance with this provision by the effective date noted in § 117-16.
Any retailer, employee or other person selling, distributing
or giving tobacco or nicotine delivery products shall verify, by means
of government-issued photograph identification containing the bearer's
date of birth, that no purchaser of tobacco or nicotine containing
products is younger than 21 years of age. No such verification is
required for any purchaser over the age of 26. No retailer, employee
or other person shall sell, distribute or give tobacco or nicotine
delivery products to a purchaser less than 21 years of age who has
a note or any form of communication from any person.
The following six-inch-by-eight-inch sign shall be posted in
a conspicuous place near each cash register in all retail establishments
which sell tobacco products and/or nicotine delivery products:
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SALE, DISTRIBUTION OR GIVING OF TOBACCO PRODUCTS OR NICOTINE
DELIVERY PRODUCTS TO PERSONS UNDER THE AGE OF 21 IS PROHIBITED BY
LAW. LEGAL PROOF OF AGE MUST BE SHOWN. A PERSON WHO SELLS OR OFFERS
TO SELL A TOBACCO PRODUCT OR A NICOTINE DELIVERY PRODUCT TO A PERSON
UNDER 21 YEARS OF AGE MAY BE PROSECUTED IN ACCORDANCE WITH STATE STATUTES
AND THE TOWNSHIP OF CEDAR GROVE ORDINANCES. IF YOU ARE AWARE OF ANY
RETAILER WHO IS VIOLATING THIS SECTION OF THE LAW, PLEASE CONTACT
THE CEDAR GROVE HEALTH DEPARTMENT AT (973) 239-1410, EXT. 224.
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Self-service displays and vending machines of tobacco or nicotine
delivery products shall be prohibited.
A.
Whenever the Health Officer, or his or her designee, or a Police
Officer of the Township of Cedar Grove reasonably believes there exists
a violation of this article, such officer shall issue a summons and
complaint not later than 15 days after discovery of the alleged violation.
The complaint shall be written and shall state with reasonable particularity
the nature of the violation, including reference to the section(s)
of this article alleged to have been violated. The complaint shall
be delivered personally or sent via certified mail to the alleged
violator.
B.
The Health Officer, his/her designee or a Police Officer of the Township,
after giving proper identification, and if no search or other warrant
is required by law, may summarily inspect any matter, thing, premises,
place, person, record, incident or event as necessary to enforce the
provisions of this article.
C.
It shall be unlawful for any person to willfully oppose, or otherwise
act to interfere with or obstruct the Health Officer or his/her designee
or any Police Officer in the performance of duties under this article.
The Health Officer or designee may request the assistance of the Police
Department when necessary to execute his or her official duty in the
manner prescribed by law.
D.
Citizens may bring complaints against violators of this article.
