Editor's Note: Prior ordinance history includes portions of Ordinance No. 98-106.
[BH Ord. #98-106, § 1]
It shall be unlawful to sell tobacco/cigarettes to a person under eighteen (18) years of age.
[BH Ord. #98-106, § 2]
It shall be unlawful for a tobacco/cigarette retailer to sell or permit to be sold tobacco/cigarettes to any individual without requesting and examining identification from the purchaser positively establishing the purchaser's age as eighteen (18) years or greater, unless the seller has some conclusive basis for determining the buyer is over the age of eighteen (18) years.
[BH Ord. #98-106, § 3]
It shall be unlawful to offer for sale or to sell tobacco/ cigarettes through a tobacco/cigarette machine or from a freestanding or attached display of tobacco/cigarettes in the Township of Mahwah. All tobacco must be dispensed to the customer by the clerk from inventory that is behind the counter and out of the grasp of the public.
[BH Ord. #98-106, § 4]
All tobacco/cigarette machines and freestanding or attached displays made unlawful by the terms of this Chapter shall be removed within thirty (30) days from the effective date of this Chapter; provided, however, nothing herein contained shall be construed to permit the use or installation of any cigarette vending machine made unlawful pursuant to Ordinance 94-95 of the Board of Health.
[BH Ord. #98-106, § 5]
a. 
Board of Health shall mean the Board of Health of the Township of Mahwah.
b. 
Health Officer shall mean the Administrative Officer of the Mahwah Board of Health and/or his or her authorized representatives.
c. 
Person shall mean any individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
d. 
Tobacco 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.
e. 
Tobacco retailer shall mean any retail dealer, person or entity that operates or owns a store, stand, booth, concession, cigarette vending machine, tobacco/cigarette machine, freestanding or attached tobacco/cigarette display, or place from which sales of tobacco are made to purchasers for consumption or use.
f. 
Vending machine or tobacco/cigarette machine shall mean any automated machine or device which dispenses cigarettes or other tobacco products in any form, regardless of whether same is operated or activated through remote control device or with or without the insertion of money, token or other form of payment.
g. 
Freestanding or attached tobacco/cigarette display shall mean any display, rack, or other promotion containing tobacco/cigarette products in any area of any store, food establishment, or other premises, not specifically behind a sales counter and not outside of the grasp of the public, so as to be self-service.
[BH Ord. #98-106, § 6]
a. 
Whenever the Health Officer, or his/her designee, reasonably believes there exists a violation of this Chapter, he/she may issue a summons and complaint not later than ninety (90) days after discovery of the alleged violation. The complaint shall be written and shall state with reasonable particularity the nature of the violation including reference to the section of this Chapter alleged to have been violated. The complaint shall be delivered by the Police or sent certified mail to the alleged violator.
b. 
The Health Officer, or his/her designee or any other person charged with enforcement of this Chapter after giving proper identification, may inspect any matter, thing, premise, place, person, record, vehicle, incident or event as necessary.
c. 
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Health Officer, or his/her designee, who may request the assistance of the Mahwah Police Department or other police agency or peace officer when necessary to execute his or her official duty in the manner prescribed by law.
d. 
Citizens may bring complaints against violators of this Ordinance through the Health Department or Mahwah Police Department.
[BH Ord. #98-106, § 7]
a. 
If any section, subsection or paragraph of this Chapter is declared to be unconstitutional, invalid or inoperative, in whole or in part by a court of competent jurisdiction, such section, subsection or paragraph shall to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect and no such determination shall be deemed to invalidate the remaining sections, subsections or paragraphs of this Chapter.
b. 
This Chapter shall be liberally construed for the protection of the health, safety and welfare of the people of the Township of Mahwah.
[BH Ord. #106-98, § 8]
This Chapter repeals and replaces in its entirety Mahwah Board of Health Ordinance 94-95, said repeal to be effective upon the effective date of this Chapter, provided, however, nothing contained in this Chapter or the repeal of Ordinance 94-95 shall authorize or allow as of the effective date of this Chapter the installation, use, or maintenance of any cigarette vending machine rendered unlawful pursuant to Ordinance 94-95.
[BH Ord. #106-98, § 9]
a. 
Unless otherwise provided by law, statute, or ordinance, any person violating any of the provisions of this Chapter shall upon conviction thereof, pay a fine of two hundred fifty ($250.00) dollars for the first offense, four hundred ($400.00) dollars for a second offense, and five hundred ($500.00) dollars for a third and each consecutive offense. Complaint shall be made in Municipal Court of the Township of Mahwah, or before such other judicial officer having authority under the laws of the State of New Jersey.
b. 
Each sale of tobacco/cigarettes to a minor shall constitute a separate violation.
c. 
Each day on which each such cigarette machine and/or freestanding or attached tobacco/cigarette display is owned, operated, rented or permitted on the premises shall result in an additional fine of two hundred fifty ($250.00) dollars.
d. 
The Board 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 (3) days in addition to a fine pursuant to the authority of the Board of Health to license and regulate food establishments as provided by N.J.S.A. 26:3-31(c).
e. 
That in addition to the foregoing fines and penalties, the Board of Health may, pursuant to N.J.S.A. 2A:170-51, following a hearing, recommend to the New Jersey Division of Taxation, that the license of a tobacco retailer to sell cigarettes or tobacco in this State be suspended or, after a second or subsequent violation, be revoked should such tobacco retailer sell, give, or furnish tobacco to a minor under the age of eighteen (18) years or otherwise violate any of the provision of N.J.S.A. 2A:170-51 prohibiting the sale or furnishing of cigarettes or tobacco in any form to minors.