[HISTORY: Adopted by the Board of Health of the Town of Secaucus
9-19-94.[1] Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 157 entitled Salaries and Compensation,
Health Employees, was repealed 5-15-89.
A.
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.
B.
HEALTH OFFICER — The Administrative Officer of the Secaucus
Health Department, and/or his or her authorized representatives.
C.
PERSON — An individual, partnership, cooperative, association,
corporation, personal representative, receiver, trustee, assignee,
or any other legal entity.
D.
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.
E.
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.
F.
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.
G.
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:
A.
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:
B.
In all other instances, locations and places, a tobacco vending machine
shall be permitted to be operated only if:
(1)
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.
A.
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.
B.
Each sale of tobacco to a minor shall constitute a separate offense.
C.
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).
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
