[Adopted 7-17-1995 as Ord. No. 12-95]
As used in this Article, the following terms
shall have the meanings indicated:
An electronic 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.
[Added 6-25-2019 by Ord.
No. 31-2019]
The Health Officer of the City of Hackensack and/or his or
her authorized representatives.
An individual, partnership, cooperative, association, corporation,
personal representative, receivers trustee, assignee or any other
legal entity.
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.
Any automated, self service device which, upon insertion
of money, tokens or any other form of payment, dispenses cigarettes
or other tobacco products.
[Amended 8-3-2015 by Ord.
No. 31-2015; 6-25-2019 by Ord. No. 31-2019]
In addition to the existing New Jersey State prohibitions regarding
the sale of tobacco products and electronic smoking devices to minors
under 21 years of age, the following shall apply throughout the City
of Hackensack.
A.
Sign requirements. A sign having a minimum size of six by eight inches
(6" by 8") shall be posted in a conspicuous place near each cash register
in all retail establishments which sell tobacco products and electronic
smoking devices and shall contain the following language:
SALE OF TOBACCO PRODUCTS AND ELECTRONIC SMOKING DEVICES TO MINORS
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 21 years of age may be prosecuted in accordance with
state and local ordinances.
It shall be unlawful for a tobacco or electronic smoking device
retailer to sell or permit to be sold tobacco or an electronic smoking
device to any individual without requesting and examining identification
from the purchaser positively establishing the purchaser's age as
21 years or greater, unless the seller has some other conclusive basis
for determining the buyer is over the age of 21 years.
All self-service displays for tobacco products, including cigarettes
and snuff, and all self-service displays for electronic smoking devices,
are prohibited. All tobacco products and electronic smoking devices
must be dispensed to the customer by the clerk from a rack or display
that is behind the counter.
It shall be unlawful to offer for sale or to sell tobacco or
electronic smoking devices through a tobacco or electronic smoking
device vending machine in the City of Hackensack.
All tobacco vending machines made unlawful by
the terms of this Article shall be removed within 30 days from the
effective date of this Article.
A.
Whenever the Health Officer, Police Chief, other City
official or one of their designees reasonably believes there exists
a violation of this Ordinance, he/she may issue a complaint for summons,
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 Article and section in this Article alleged
to have been violated. The complaint shall be delivered or sent by
certified mail to the alleged violator.
B.
The Health Officer, Police Chief or one of their designees
or any other person charged with enforcement of this Article, after
giving proper identification, may inspect any matter, thing, premises,
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 designee who may request the assistance of the City of Hackensack
or the Hackensack Police Department or other police agency or peace
officer when necessary to execute his or her official duty in a manner
prescribed by the law.
D.
Citizens may bring complaints against violators of
this Article.
[Amended 8-3-2015 by Ord.
No. 31-2015; 6-25-2019 by Ord. No. 31-2019]
A.
Unless otherwise provided by law, statute or ordinance, any person violating § 90-52, § 90-53 or § 90-54 of this article shall, upon conviction thereof, pay a penalty of not less than $100 nor more than $500 for each offense. A complaint shall be made in the Municipal Court of the City of Hackensack or before such other judicial officer having authority under the law of the State of New Jersey.
C.
Each sale of tobacco to a minor shall constitute a separate violation.
D.
The Health Officer may suspend the retail food establishment license
of any person convicted of violation of this article for a period
of not more than three days pursuant to the authority of the Health
Officer to license and regulate food establishments as provided by
N.J.S.A. 26:3-31c.
This Article shall be liberally construed for
the protection of the health, safety and welfare of the people of
the City of Hackensack.
