[Ord. No. 2000-BOH-1 § 1]
Shall mean any place licensed by the State of New Jersey
to primarily sell at retail beer, wine, mixed spirit drink and spirits
for consumption on the premises.
Shall mean the Bloomingdale Borough Health Department and
herein referred to as the "Department."
Shall mean the administrative office of the Bloomingdale
Borough Health Department and/or his or her authorized representatives.
Shall mean an individual, partnership, cooperative association,
corporation, personal representative, receiver, trustee, assignee,
or any other legal entity.
Shall mean a display of tobacco products intended to be purchased
without the assistance of the proprietor or his/her employee.
Shall mean any place licensed by the State of New Jersey
to primarily sell at retail, beer, wine, mixed spirit drink and spirits
for consumption on the premises.
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. Tobacco retailer 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
cigarette or other tobacco products.
Shall mean the room, enclosure, space or area where a tobacco
vending machine is installed and operated.
[Ord. No. 2000-BOH-1 § 2]
a.
It shall be unlawful to sell or distribute tobacco to, or for the
benefit of, a person under 18 years of age.
b.
Sign Requirements. The following six inch by three inch (6" x 3")
sign in bold letters at least one-quarter (1/4) inch high shall be
conspicuously posted at the point of display of tobacco products and
at the point of sale. The sign shall read as follows:
"A person who sells or offers to sell a tobacco product to a
person under 18 years of age shall pay a penalty of up to $1,000 and
may be subject to a license suspension or revocation. Proof of age
may be required for purchase."
A person who sells, distributes, 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. 2000-BOH-1 § 3]
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 conclusively 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. 2000-BOH-1 § 4]
[Ord. No. 2000-BOH-1 § 5]
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. 2000-BOH-1 § 6]
a.
Whenever the Health Officer, or his/her designee, reasonably believes
there exists a violation of this chapter, he/she may issue a summons
and complaint not later than 90 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.
b.
The Health Officer, or his designee, or any other person charged
with enforcement of this chapter, after giving proper identification,
may inspect any matter, thing, premise, place, person, record vehicle,
incident, or event as may be consistent with State and/or Federal
law.
c.
It shall be unlawful for any person to interfere or otherwise obstruct
the Health Officer, or his designee, who may request the assistance
of the Bloomingdale Borough Police Department, where necessary to
execute his or her official duty in a manner prescribed by law.
d.
Citizens may file with the Bloomingdale Health Department complaints
against violators of this chapter.
[Ord. No. 2000-BOH-1 § 8]
a.
Penalties for the sale and distribution of tobacco to persons under
the age of 18, shall be as defined in P.L. 1995, Chapter 304.
b.
Persons violating all other sections of this chapter unless otherwise
provided by law, statute or ordinance, shall upon conviction thereof,
pay a penalty of not less than $100 nor more than $1,000 for each
offense. Complaints shall be made in the Municipal Court of Bloomingdale
Borough or before such other judicial officer having authority under
the laws of the State of New Jersey.
c.
Each sale or distribution of tobacco to a minor or otherwise in violation
of this chapter shall constitute a separate violation.
