Township of Buena Vista, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Buena Vista 3-25-2019 by Ord. No. 74-2019. Amendments noted where applicable.]
The purpose of this article is to prohibit the sale of tobacco to minors. Buena Vista Township 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, the American Cancer Society and surveys conducted by other entities. The Township has concluded that it is appropriate to prohibit the sale of tobacco and nicotine delivery products within Buena Vista Township to persons under the age of 21.
As used in this article, the following terms shall have the meanings indicated:
NICOTINE DELIVERY PRODUCT
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 tobacco, but excluding United States Food and Drug Administration approved nicotine patches or nicotine chewing gum.
PERSON
An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, and/or any other legal entity.
PUBLIC OFFICER
The Buena Vista Township Code Enforcement Officer and/or his or her authorized representative.
TOBACCO
Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling and/or other personal use, including cigars, chewing tobacco, pipe tobacco, snuff, and/or 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 and/or a tobacco vending machine location as defined herein.
TOBACCO VENDING MACHINE
Any automated, self-service device which, upon insertion of money, tokens, or other form of payment, dispenses nicotine delivery products, cigarettes, and/or other tobacco products.
TOBACCO VENDING MACHINE LOCATION
The room, enclosure, space or area where a tobacco vending machine is installed and operated.
A. 
No person shall sell tobacco or nicotine delivery products in Buena Vista Township 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 size 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. 
The sale of any electronic smoking device refill including but not limited to any and all liquids, gels, wax or powders, and whether or not such refill contains nicotine, that is intended for human consumption and is not contained in packaging that is child-resistant is prohibited as set forth in this article and pursuant to N.J.S.A. 2A:170-51.9 et seq.
E. 
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 who has a note or any form of communication from any person, including an adult.
F. 
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 Buena Vista Township 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 shall be supplied by the Township, and the signed original statement shall be filed with the Township Clerk and a copy shall be kept on file by the tobacco retailer and made available for review by the Township upon request.
A. 
The enforcement authority for this article shall be the Buena Vista Township Public Officer or his/her designee.
B. 
The Public Officer or his/her designee 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 Public Officer or his/her designee in his/her enforcement of this article, and the Public Officer, or his/her designee, may request the assistance of the New Jersey State Police and/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 product to a person under 21 years of age, shall be liable to a civil penalty of not less than $500 for the first violation, not less than $1,000 for the second violation, and not less than $2,000 for the third and each subsequent violation. Complaint shall be made in the Hamilton Township Joint Municipal Court 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.
The purpose of this article is to license establishments that sell electronic smoking devices. The funds collected by the licensing of such establishments shall be used to fund the development and maintenance of smoking cessation, prevention or other illegal drug control programs as may be established and/or administered by the Board.
As used in this article, the following terms shall have the meanings indicated:
ELECRONIC SMOKING DEVICE
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, refill or other component of the device or related product, including but not limited to refills such as liquids, gels, waxes and powders.
LICENSE YEAR
The time period covering January 1st through December 31st of the year for which a license is issued pursuant to this article.
RETAIL ELECTRONIC SMOKING DEVICE ESTABLISHMENT
Any establishment that sells, distributes, gives or offers for sale electronic smoking devices designed for consumption through inhalation.
SALE
Every delivery of electronic smoking devices, whether the same is by direct sale or the solicitation or acceptance of an order, including the exchange, barter, traffic in, keeping and exposing for sale, displaying for sale, delivering for value, peddling and possession with intent to sell, distribute or give.
A. 
No person shall conduct, maintain or operate a retail electronic smoking device establishment that sells, distributes or gives electronic smoking devices without first obtaining from the Buena Vista Township a written license approved to do so. Said license shall be obtained from the Buena Vista Township Clerk.
B. 
Fees.
(1) 
Fees in accordance with the following schedule shall be paid before any license required in this article shall be issued:
(a) 
Initial electronic smoking device establishment license: $1,200.
(b) 
Annual renewal license: $600.
(2) 
The fee for each initial license per retail location issued to a licensee pursuant to this section shall be an amount proportionate to the number of months remaining in the license year including the month in which the license is issued [for example, a license issued to a new licensee in April shall be 2/3 of $1,200 ($800)].
C. 
Licenses issued under the provisions of this article, unless forfeited or revoked by the Township of Buena Vista shall expire annually on the 31st day of December of each year. In order to continue selling electronic smoking devices in the next license year, the retail electronic smoking device establishment shall apply for a renewal of their license for each retail location at least 90 calendar days prior to expiration of the current license year, and the annual license renewal fee is $600 per retail electronic smoking device establishment location. There shall be a late fee assessed of $50 for all annual license renewal applications that are not submitted for renewal in accordance with the time frame and other provisions established herein.
D. 
At the time of the initial application and any subsequent renewals, or at the discretion of the Township Public Officer, or his/her designee, license holders shall:
(1) 
Disclose if they are also a manufacturer, wholesaler and distributor of nicotine electronic smoking devices as defined above (which includes related products, components, refills, etc.), and if that part of their business is conducted or takes place at the same location as the retail electronic smoking device establishment or another location(s) as noted in the initial application or subsequent renewals. If such business takes place at a different address(es) in the Township of Buena Vista, the said retail electronic smoking device establishment shall disclose such address(es) in the Township of Buena Vista.
(2) 
Provide any and all contact information, including but not limited to company name, company contact name, address, phone, website and email, regarding any and all sources of their nicotine delivery products for sale or distribution. This includes but is not limited to information regarding any and all nicotine delivery product suppliers, manufacturers, wholesalers, distributors, etc., including those based in the Buena Vista Township.
E. 
No license is transferrable by sale or otherwise.
F. 
Such license shall be posted in a conspicuous place in such establishment. No itinerant establishments shall be permitted to obtain an electronic smoking device establishment license.
G. 
All licensing fees shall be paid to Buena Vista Township to offset budget appropriations in connection with education and enforcement of this article and/or the State of New Jersey's Tobacco Age of Sale Inspection Program.
A. 
The enforcement authority for this article shall be the Buena Vista Township Public Officer or his/her designee and/or by other municipal officials of the Township of Buena Vista.
B. 
The Public Officer or his/her designee 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 Public Officer or his/her designee in his/her enforcement of this article, and the Public Officer, or his/her designee, may request the assistance of the New Jersey State Police and/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.
E. 
Any person found to be in violation of this ordinance shall be ordered to cease the sale of electronic smoking devices immediately.
A. 
Unless otherwise provided by law, statute or ordinance, any person(s) who is found to be in violation of the provisions of this article shall, upon conviction thereof, pay a fine of not less than $500 for the first violation, not less than $750 for the second violation, and not less than $1,000 for third and each subsequent violation. Each violation, and every day in which a violation occurs, shall constitute a separate violation. No fines shall be issued for 60 days after publication of this article.
B. 
In addition any violator of this article shall be subject to having any Township license held by the violator, suspended, revoked or fined. No such action may be taken unless the requirements of due process are satisfied.
C. 
These penalties are in addition to any penalties that may be imposed including but not limited to penalties imposed by the New Jersey Code of Juvenile Justice, N.J.S.A. 2A:170-51 et seq. and N.J.S.A. 2C:33-13.1 et seq.
D. 
Fines and sanctions associated with this section shall be dedicated to be used in connection with education and enforcement of this article. The monies shall be maintained by the Chief Financial Officer of Buena Vista Township.