[HISTORY: Adopted by the City Council of the City of Trenton 2-16-2017 by Ord. No. 17-05. Amendments noted where applicable.]
No person shall sell, distribute or give tobacco or nicotine-delivery products in the City of Trenton unless the owner or an employee of the establishment controls the sale of such products. A person may only sell, furnish or give tobacco or nicotine-delivery products in a direct, face-to-face exchange between the tobacco retailer and the consumer. Self-service displays and vending machines of tobacco or nicotine-delivery products shall be prohibited.
No person shall sell, distribute, or give tobacco or nicotine-delivery products to any person under the age of 21 years.
As used in this chapter, the following terms shall have the meanings indicated:
- DIVISION OF HEALTH
- The City of Trenton Division of Health.
- HEALTH OFFICER
- The Director of the Division of Health and/or his or her authorized representative.
- NICOTINE-DELIVERY PRODUCT
- Any product that is designed to deliver nicotine, nicotine or non-nicotine vapor, or any other substances, 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, powders, gels or other forms of tobacco, nicotine or other substances, 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 but not limited to 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.
- TOBACCO VENDING MACHINE
- Any automated, self-service device which, upon insertion of money, tokens, or other forms of payment, dispenses nicotine-delivery products, cigarettes, or other tobacco products.
The enforcement authority for this chapter shall be the City of Trenton Health Officer or his/her designee, and/or the Trenton Police Department.
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.
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 Trenton Police Department or other police agency or peace officer when necessary to execute his or her official duties in a manner prescribed by law.
Citizens may bring complaints against violators of this chapter.
A person who violates the provisions of this chapter, including but not limited to 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, distributes or gives or otherwise provides tobacco or nicotine-delivery 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 the City of Trenton or before such other judicial officer having authority under the laws of the State of New Jersey. Fees collected as a result of penalties allowed under this section shall be designated for use by the Division of Health.
Each sale, distribution, or giving of tobacco and/or a nicotine-delivery product to any person under the age of 21 shall constitute a separate violation.
In addition to the penalties set forth in § 280-4A above, the City of Trenton Division 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 Division of Health to license and regulate food establishments as provided by N.J.S.A. 26:3-31(c).