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:
(1) Located within the immediate vicinity of a responsible employee of
18 years of age or older, and
(2) Not located in a coat room, rest room, waiting area, or similar unmonitored
area, and is inaccessible to the public when the establishment is
closed.
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 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.
This chapter shall become effective 60 days after the enactment
and publication thereof.