[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:
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.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee, and/or any other
legal entity.
The Buena Vista Township Code Enforcement Officer and/or
his or her authorized representative.
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.
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, tokens, or other form of payment, dispenses nicotine delivery
products, cigarettes, and/or other tobacco products.
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:
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.
The time period covering January 1st through December 31st
of the year for which a license is issued pursuant to this article.
Any establishment that sells, distributes, gives or offers
for sale electronic smoking devices designed for consumption through
inhalation.
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.
(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.
