[HISTORY: Adopted by the Council of the City of Perth Amboy 3-1-1994 as Ord. No. 708-94. Amendments noted where applicable.]
In view of the indiscriminate sales of cigarettes and other
tobacco products to minors by automatic vending machines, all cigarette
vending machines shall be prohibited, provided that this chapter shall
not prohibit the installation and use of tobacco vending machines
by a tobacco retailer in:
A.
Any premises or portion thereof to which access by minors is expressly
prohibited by law or by policy of the premises; provided, however,
that the tobacco vending machine is:
(1)
Located fully within such premises, or section of premises, from
which minors are prohibited.
(2)
Not less than twenty (20) feet in distance from all entrances and/or
exits.
(3)
In a location that is under the direct visual supervision of the
tobacco retailer or an adult employee during the hours the machine
is accessible to the public.
B.
Commercial buildings or industrial plants or portions thereof where
the public is expressly prohibited and where such machines are strictly
for the use of the employees therein, provided that the area must
be designated as not open to the public, and where no minors are admitted.
C.
A tavern or bar, provided that:
(1)
The tobacco vending machine is located fully within such premises.
(2)
Said vending machine is not less than twenty (20) feet from all entrances
and/or exits.
(3)
Said vending machine is in a location that is under the direct visual
supervision of the tobacco retailer or an adult employee during the
hours the machine is accessible to the public.
No person shall sell or permit to be sold cigarettes or smokeless
tobacco not in the original unopened package or container to which
stamps required by law have been affixed. This section applies to
the sale of loose cigarettes and smokeless tobacco only.
Every retailer of tobacco products, either over the counter
or by way of vending machines, shall post a sign, to be provided by
the City of Perth Amboy, clearly visible to anyone purchasing tobacco
products, which shall read as follows:
"1. THE SALE OF LOOSE CIGARETTES IS STRICTLY PROHIBITED.
"2. A TOBACCO RETAILER MAY REQUIRE ANY PURCHASER OF TOBACCO
PRODUCTS TO PRODUCE A PHOTO IDENTIFICATION PRIOR TO SALE AND MAY REFUSE
TO SELL SAID PRODUCT TO ANYONE WHO FAILS TO PRODUCE SAID IDENTIFICATION."
As used in this chapter, the following terms shall have the
meanings indicated:
Includes all persons, businesses and entities who sell, either
over the counter or by way of vending machines, tobacco products intended
for the personal use of the purchaser.
Any person, firm or corporation violating any of the provisions
of this chapter shall, upon conviction thereof, be fined a sum not
to exceed two hundred fifty dollars ($250) for a first offense; a
sum not to exceed five hundred dollars ($500) for a second offense;
and a sum not to exceed one thousand dollars ($1,000) for a third
offense and any offense thereafter.
