[HISTORY: Adopted by the Board of Health of the Town of Secaucus 9-19-94. Amendments noted where applicable.]
Editor's Note: Former Ch. 157 entitled Salaries and Compensation, Health Employees, was repealed 5-15-89.
LICENSED PREMISES — Any place licensed by the State of New Jersey to primarily sell at retail beer, wine, mixed spirits for consumption on the premises.
HEALTH OFFICER — The Administrative Officer of the Secaucus Health Department, and/or his or her authorized representatives.
PERSON — An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
TOBACCO — 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.
TOBACCO RETAILER — Any person or entity that operates a store, stand, booth, concession or place at which sales of tobacco are made to purchasers for consumption or use, and shall mean a person or entity that owns or operates a vending machine and/or a vending machine location.
VENDING MACHINE — Any automated, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarettes or other tobacco products.
VENDING MACHINE LOCATION — The room, enclosure, space or area where a tobacco vending machine is installed and operated.
It shall be unlawful for anyone including a tobacco retailer to sell, give or permit to be sold or given to a person under 18 years of age, tobacco in any form.
It shall be unlawful for a tobacco retailer to sell or permit tobacco products to be sold to any individual under the age of 18 years, unless the seller has a reasonable basis for determining that the buyer is of legal age (18 or over).
It shall be unlawful for any tobacco retailer to allow, suffer or permit the sale of tobacco products on his or her premises by any person under the age of 18 years.
It shall be unlawful for a tobacco retailer to offer for sale or to sell any tobacco product through a vending machine in this municipality, except in the following instances:
Commercial buildings of industrial plants or portions thereof, where the public is generally not given access, and where such machines are intended for the use of the adult employees therein or other adults, provided that the tobacco vending machine is:
In all other instances, locations and places, a tobacco vending machine shall be permitted to be operated only if:
The operation of the machine to vend tobacco products is possible only by the activation of an electronic switch or other device, which is controlled by the tobacco retailer or his designated adult employee, and only after the tobacco retailer or his adult employee has made the reasonable determination that the person wishing to use the tobacco vending machine is 18 years of age or older.
It shall be unlawful for any tobacco retailer responsible for the operation of a tobacco vending machine to remove, disconnect or otherwise disable the remotely activated electronic switch or device on a tobacco vending machine, in a location where Section 157-5 of this chapter provides for a vending machine to be so equipped.
Unless otherwise provided by law, statute or ordinance, any person charged with violating any of the provisions of this chapter shall, upon conviction thereof, pay a penalty of not less than $250 nor more than $500 for each offense.
Each sale of tobacco to a minor shall constitute a separate offense.
The Board of Health, in addition to the monetary penalties prescribed herein, may suspend the retail food establishment license of any person or entity convicted of a second or subsequent violation of this chapter within any two year period, for not more than one day, and for not more than three days for any third or subsequent offense, pursuant to the authority of the Board of Health to license and regulate food establishments, as provided by N.J.S.A. 26:3-13(c).
The Municipal Court of this municipality, in addition to the monetary penalties prescribed herein, may order the suspension of the operation of any non-retail food business convicted of a second or subsequent violation of this chapter within any (2) year period, for not more than one day, and for not more than three days for any third or subsequent offense.
Any second or subsequent conviction of a violation of this chapter within any two year period, shall be subject to a penalty of not less than $500 nor more than $1,000 for each such subsequent conviction.
A tobacco vending machine which is not permitted under this chapter, may be seized, forfeited and disposed of in the same manner as other unlawful property seized under N.J.S.A. 2C:64-1 et seq. Any machine so seized shall be returned to its owner upon payment of the reasonable costs incurred in connection with the seizure, and any fine imposed by the Municipal Court.
Whenever the Health Officer, or his/her designee, or any police officer reasonably believes there exists a violation of this chapter, he/she may issue a summons and complaint not later than 60 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 may be personally delivered or may be sent by certified mail and regular mail to the alleged violator.
The Health Officer, or his designee, or any other person charged with enforcement of the chapter, after giving proper identification, may inspect any matter, material, premises, or place as may be necessary for the proper enforcement hereof.
It shall be unlawful for any person to oppose or otherwise obstruct the Health Officer or his designee, in the performance of duties herein, and they may request the assistance of a law enforcement agency or peace officer when necessary to execute his or her official duty in a manner prescribed by law.
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.
This chapter shall be liberally construed for the protection of the health, safety and welfare of the people of this municipality.
This chapter shall become effective 60 days after the enactment and publication thereof.