No person, firm or corporation within the City of Perth Amboy
shall offer for sale on an open counter or shelf for self-service
purchase any preparation or medicine containing more than two percent
(2%) alcohol by volume, or dextromethorphan or phenobarbital or salts
of phenobarbital, or ephedrine or salts of ephedrine, or belladonna
or belladonna alkaloids.
[Amended 4-3-73 by Ord. No. 15-73]
No person, firm or corporation within the City of Perth Amboy
shall sell to any person under the age of eighteen (18) years any
preparation or medicine containing more than two percent (2%) alcohol
by volume, or dextromethorphan or phenobarbital or salts of phenobarbital,
or ephedrine or salts of ephedrine, or belladonna or belladonna alkaloids;
provided, however, that the establishment of all of the following
facts by a person, firm or corporation making any such sale shall
constitute a defense to any prosecution therefor:
A. That the minor falsely represented, in writing, that he or she was
eighteen (18) years of age or over.
B. That the appearance of the minor was such that an ordinary prudent
person or agent of such firm or corporation would believe him or her
to be eighteen (18) years of age or over.
C. That the sale was made in good faith, relying upon such written representation
and appearance and reasonable belief that the minor was actually eighteen
(18) years of age or over.
Preparations such as mouthwashes, hair tonics, aftershave lotions
and other external preparations not usually subject to drug abuse
are exempt from the provisions of this chapter.
Any person, firm or corporation violating the provisions of
this chapter shall, upon conviction, be punished by a fine of not
to exceed five hundred dollars ($500) or by imprisonment in the county
jail for a period of not to exceed ninety (90) days, or by both such
fine and imprisonment, and each violation of any of the provisions
of this chapter and each day the same is violated shall be deemed
and taken to be a separate and distinct offense.