[HISTORY: Adopted by the Board of Commissioners of the Borough of Avon-by-the-Sea 8-28-95 by Ord. No. 21-1995. Amendments noted where applicable.]
It shall be unlawful to sell tobacco to a person under eighteen (18) years of age.
Sign requirements. The following six inch by eight inch (6" x 8") sign shall be posted in a conspicuous place near each cash register in all retail establishments which sell tobacco products:
"SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 18 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 18 years of age may be prosecuted in accordance with state and local ordinances."
Identification required. It shall be unlawful for a tobacco retailer to sell or permit to be sold tobacco 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 other conclusive basis for deter-mining the buyer is over the age of eighteen (18) years.
In view of the indiscriminate sales of cigarettes to minors by automatic vending machines, all cigarette vending machines are hereby prohibited in the Borough of Avon-by-the-Sea.
All tobacco vending machines made unlawful by the terms of this chapter shall be removed within thirty (30) days from the effective date of this chapter.
If any chapter, section, subsection or paragraph of this Code is declared to be unconstitutional, invalid or inoperative, in whole or in part by a court of competent jurisdiction, such chapter, 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 chapters, sections, subsections or paragraphs of this Code.
This chapter shall be liberally construed for the protection of the health, safety and welfare of the people of the Borough of Avon-by-the-Sea.
[Amended 4-22-02 by Ord. No. 5-2002]
Unless otherwise provided by law, statute or ordinance, any person who violates any provision of this chapter shall, upon conviction thereof, be liable to the penalty provided by Chapter 1 Section 1-15. Complaint shall be made in the Municipal Court of the Avon-by-the-Sea Borough or before such other judicial officer having authority under the laws of the State of New Jersey.
Each sale of tobacco to a minor shall constitute a separate violation.