[Ord. No. 1996-1]
The Surgeon General of the United States has called for a ban
on the sale of cigarettes by vending machines; and
The State of New Jersey has banned the sale or furnishing of
cigarettes or tobacco in any form to minors under N.J.S.2A-170-51.
Substantial evidence exists that despite such law, minors continue
to purchase and use tobacco products from retail over-the-counter
sources and from cigarette vending machines.
The Board of Health of the Township of Holmdel is authorized
to enact ordinances not contrary to the laws of this State or of the
United States as it may deem necessary and proper for the protection
of persons and for the preservation of the public health, safety,
and welfare of the Township of Holmdel and its inhabitants.
[Ord. No. 1996-1 § 1]
It shall be unlawful to sell tobacco to a person under 18 years
of age.
[Ord. No. 1996-1 § 1]
Not less than a six-inch by eight-inch sign shall be posted
in a conspicuous place near each cash register in all retail establishments
which sell tobacco products containing the following language:
"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."
[Ord. No. 1996-1 § 2]
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 18 years or greater, unless the seller has some other conclusive
basis for determining the buyer is over the age of 18 years.
[Ord. No. 1996-1 § 3]
a.
It shall be unlawful to offer for sale or to sell tobacco through
a tobacco vending machine in the Township of Holmdel.
b.
Self-Service tobacco displays are prohibited in all retail establishments.
c.
The sale of "rolling papers" in any forms and in any quantity to
any person under the age of 18 years is prohibited.
[Ord. No. 1996-1 § 4]
All tobacco vending machines and self-service tobacco displays
made unlawful by the terms of this chapter shall be removed within
30 days from the effective date of this chapter.
[Ord. No. 1996-1 § 5]
As used in this chapter:
Shall mean the Board of Health of the Township of Holmdel
and may be referred to in this chapter as the "department."
Shall mean the Administrative Officer of the Board of Health
of the Township of Holmdel.
Shall mean any member of the Township of Holmdel Police Department.
Shall mean any racks, stands or other display devices from
which a customer may take tobacco products directly with only payment
to be made to the tobacco retailer.
Shall mean 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.
Shall mean 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. Shall also mean a person or entity
that owns, operates or uses a vending machine and/or a vending machine
location.
Shall mean any automated, self-service device which, upon
insertion of money, tokens or any other form of payment, dispenses
cigarettes or other tobacco products.
[Ord. No. 1996-1 § 6]
a.
Whenever the Health Officer, or his designee or a law enforcement
officer, reasonably believes there exists a violation of this chapter,
such officer or designee 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 article and section
of this chapter alleged to have been violated. The complaint shall
be delivered or sent by Certified Mail to the alleged violator.
b.
The Health Officer, designee or law enforcement officer charged with
enforcement of this chapter, after giving proper identification, may
inspect any matter, thing, premise, 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, designee
or law enforcement officer, who may request the assistance of the
Township of Holmdel Police Department, or other police agency or peace
officer when necessary to execute his or her official duty in a manner
prescribed by law.
d.
Citizens may bring complaints against violators of this chapter.
[Ord. No. 1996-1 § 8]
a.
Unless otherwise provided by law, statute or ordinance, any person
violating any of the provisions of this ordinance shall, upon conviction
thereof, pay a penalty of not less than $100 nor more than $500 for
each offense. Complaint shall be made in the municipal court or before
such other judicial officer having authority under the laws of the
State of New Jersey.
b.
Each sale of tobacco and/or rolling papers to a minor shall constitute
a separate violation. Each day that a tobacco vending machine or self-service
tobacco display remains on any premises or tobacco is sold without
the required sign shall constitute a separate and distinct offense.
c.
The Board of Health may suspend the Retail Food Establishment License
of any person convicted of violation of this chapter, for a period
of not more than three days, pursuant to the authority of the Health
Department to license and regulate food establishments as provided
by N.J.S.A. 26:3-31(c).
