[Ord. #96-07]
Extensive medical and scientific evidence reveals and the Surgeon
General of the United States has determined that the use of tobacco
is harmful to a person's health such that it can lead to severe medical
conditions. The American Cancer Society has cited that approximately
ninety (90%) percent of today's regular smokers started before reaching
adulthood. Statistics, such as this, have led the FDA to classify
nicotine addiction as a pediatric disease.
Therefore, the Borough finds it necessary to limit the accessibility
of cigarettes and other tobacco products to minors and to regulate
the means by which tobacco products are sold in order to protect the
health, safety and welfare of its residents.
[Ord. #96-07]
As used in this Chapter, the following terms shall have the
meanings indicated.
shall mean the administrative officer of the Borough Board
of Health and/or his or her authorized representative and/or his or
her contracted agent.
shall mean any member of the Point Pleasant Police Department.
shall mean an individual, partnership, cooperative, association,
corporation, personal representative, receiver, trustee, assignee,
or any other legal entity.
shall mean a display or display shelves designed for the
customer to serve oneself without the aid of a sales clerk and where
the customer is required to pay the cashier upon leaving.
shall mean any product made from the tobacco plant for the
purpose of smoking, chewing, inhaling and other personal use, including
cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any
form.
shall mean any person or entity that operates a store, stand,
booth, concession, or place at which sales of tobacco are made to
purchasers for consumption or use, and shall mean a person or entity
that owns or operates a vending machine.
shall mean any automated, self-service devices which, upon
insertion of money, tokens or any form of payments, dispenses cigarettes
or other tobacco products.
[Ord. #96-07; amended 7-26-2021 by Ord. No. 2021-17]
a.
Pursuant of the provision of N.J.S.A. 2A:170-51.1, it shall be unlawful
for any person to sell, give, or permit to be sold, given or furnish
an individual under the age of twenty-one (21) tobacco in any form.
b.
A sign, not less than six inches by eight inches (6" x 8"), shall
be posted in a conspicuous place near each cash register in all retail
establishments which sell tobacco products containing the following
language:
SALE OF TOBACCO 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 to a person under twenty-one (21) years
of age may be prosecuted in accordance with State and local ordinances.
[Ord. #96-07; amended 7-26-2021 by Ord. No. 2021-17]
It shall be unlawful for a tobacco retailer to sell or permit
to be sold, tobacco to any individual without requesting an examining
identification from the purchaser, positively establishing purchaser’s
age as twenty-one (21) years or greater, unless the seller has some
other conclusive basis for determining the purchaser is over the age
of twenty-one (21) years of age.
[Ord. #96-07; amended 7-26-2021 by Ord. No. 2021-17]
Sale of tobacco products through vending machines shall be prohibited
unless the following criteria have been met:
a.
The vending machine shall be equipped with a remote controlled locking
device which must be in full working order.
b.
The remote-controlled locking device shall be operated only by the
tobacco retailer or his agent or employee, who must be twenty-one
(21) years of age or older.
c.
At no time shall the locking device be unattended so as to permit
accessibility by a customer or patron of the retail establishment.
d.
After the operator of the remote controlled locking device has activated
the vending machine to allow a sale to take place that vending machine
will deactivate itself until such time as said remote controlled locking
device has been reactivated.
[Ord. #96-07]
Self-service displays of tobacco products, from which individual
packages or individual cigarettes may be selected by the customer,
are prohibited.
[Ord. #96-07; amended 7-26-2021 by Ord. No. 2021-17]
a.
Any person, who directly or indirectly acting as agent or otherwise,
sells, gives or furnishes to a person under the age of twenty-one
(21) years, cigarettes made of tobacco or any other matter or substance
which can be smoked, or any cigarette paper or tobacco in any form,
including smokeless tobacco, shall be punished by a fine of two hundred
fifty ($250.00) dollars in accordance with N.J.S.A. 2A:170-51.1.
b.
Whenever the Health Officer, his or her designee, Code Enforcement
Officer, or a law enforcement officer reasonably believes there exists
a violation of this Chapter, such individual may, by written notification
not later than sixty (60) days after discovery of the alleged violation,
advise the tobacco retailer of the nature of the violation and that
any subsequent failure or refusal to comply with this Chapter shall
be subject to the penalties set forth in this Chapter.
c.
Whenever the Health Officer, his or her designee, Code Enforcement
Officer, or a law enforcement officer, after giving proper identification,
may inspect any matter, thing, premises or place as may be necessary
for the proper enforcement of provisions of this Chapter.
d.
It shall be unlawful for any person to oppose or otherwise obstruct
a Health Officer or his or her designee or the Code Enforcement Officer.
Such individual may request the assistance of a law enforcement officer
when necessary to execute his or her official duty in the manner prescribed
by law.
e.
Except as provided in paragraph a, above, any person violating or
failing to comply with any of the provisions of this Chapter shall,
upon conviction thereof, be punishable by a fine of not more than
one thousand ($1,000.00) dollars, by imprisonment for a term not to
exceed ninety (90) days, or by community service of not more than
ninety (90) days, or any combination of fine, imprisonment, and community
service, as determined in the discretion of the Municipal Court Judge.
The continuation of such violation for each successive day shall constitute
a separate offense and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above,
for each separate offense.
f.
The violation of any provision of this Chapter shall be subject to
abatement summarily by restraining order or injunction issued by a
Court of competent jurisdiction.
