The purpose of this article is to prohibit the sale, furnishing
or giving of tobacco and nicotine delivery products to persons under
the age of 21, and to provide for the licensure of all nicotine delivery
products. The Town of Boonton 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 Town of Boonton
has concluded that it is appropriate to prohibit the sale, furnishing
or giving of tobacco and nicotine delivery products within the Town
of Boonton to persons under the age of 21.
The Board of Health adopts the following findings with respect
to this section:
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 U.S. adults support raising the age of tobacco
product sales to age 21 (U.S. 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).
As used in this section:
ELECTRONIC SMOKING DEVICE
Any product containing or delivering nicotine or any other
substance intended for human consumption that can be used by a person
to simulate smoking through inhalation of vapor or aerosol from the
product. The term includes any such device, whether manufactured,
distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe,
e-hookah, e-cigarillo, vape pen, or under any other product name or
descriptor.
HEALTH OFFICER
The Health Officer of the Town of Boonton or his/her designee.
LICENSE
A license issued by the Town to a proprietor under the provisions
hereof.
LIQUOR LICENSE
Any license to sell or distribute alcoholic beverages issued
by the Town pursuant to the laws of the State of New Jersey.
MINOR
Any male or female under the age of 18 years.
NICOTINE DELIVERY PRODUCT
Any product that is designed to deliver nicotine, nicotine
vapor or non-nicotine vapor, including, but not limited to, any type
of electronic smoking device defined as an electronic or other powered
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, including, but
not limited to, any substances used in such devices such as liquids,
gels or powders, or any forms of tobacco, but excluding United States
Food and Drug Administration-approved nicotine patches or nicotine
chewing gum.
PERSON
An individual, partnership, corporation, cooperative association,
personal representative, receiver, trustee, assignee or any other
legal entity.
PUBLIC PLACE
Any building or enclosed structure open to the general public
and any street, road, sidewalk, walkway, park or open space located
within the Town and maintained for use by the general public.
SMOKING
Inhaling, exhaling, burning, or carrying any lighted or heated
cigar, cigarette or pipe, or any other lighted or heated matter or
substance which contains tobacco, plant product or any other matter
that can be smoked which is intended for inhaling and exhaling of
smoke, including hookahs and marijuana, whether natural or synthetic,
in any manner or in any form. Smoking also includes the use of an
electronic smoking device which creates an aerosol or vapor, in any
manner or in any form, or the use of any oral smoking device for the
purpose of circumventing the prohibition of smoking in this article.
TOBACCO
Any product made from the tobacco plant for the purpose of,
including, but not limited to, smoking, chewing, inhaling or other
use; including, but not limited to, cigars, chewing tobacco, pipe
tobacco, snuff, shisha and cigarettes in any form; or shall mean any
other matter or substance which can be smoked.
TOBACCO RETAILER
Any person that operates a store, stand, booth, concession
or place at which sales of tobacco are made, including a person that
owns, operates or uses a vending machine.
TOWN
The Town of Boonton.
VAPOR/VAPE SHOPS AND/OR STORE
A retailer that either devotes 25% or more of floor area
or display area to, or derives 75% or more of gross sales receipts
from the sale or exchange of electronic smoking devices and/or electronic
smoking device paraphernalia.
VENDING MACHINE
Any automated self-service device which, upon insertion of
money, tokens or other form of payment, dispenses a tobacco product
or nicotine delivery product.
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:
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 TOWN OF BOONTON ORDINANCES. IF YOU ARE AWARE OF ANY RETAILER
WHO IS VIOLATING THIS SECTION OF THE LAW, PLEASE CONTACT THE TOWN
OF BOONTON HEALTH DEPARTMENT AT 973-402-9410, EXT. 631.
Self-service displays and vending machines of tobacco or nicotine
delivery products shall be prohibited.
Any person may file a complaint against a person having control
of an indoor public place or workplace who violates or fails or refuses
to comply with or enforce the Code and this chapter by:
A. Contacting the local health agency with jurisdiction over the indoor
public place or workplace and by adhering to complaint procedures
each local health agency shall establish;
B. Filing a complaint directly with the municipal court with jurisdiction
over the establishment; or
C. Filing the form of complaint at Appendix C with the New Jersey Department of Health Indoor Environments
Program.