[HISTORY: §§ 154-1—154-10 adopted 8-15-01 by Ord. No. 23-2001, as amended through December 31, 2016. Amendments noted where applicable.]
It shall be unlawful for any person, including a tobacco retailer, to offer for sale, to sell, give or permit to be sold or given tobacco in any form to a person under 21 years of age.
It shall be unlawful for any tobacco retailer to sell or permit tobacco products to be sold to any individual under the age of 21, unless the seller has a reasonable basis for determining that the buyer is at 21 years of age.
It shall be unlawful to sell tobacco through a tobacco vending machine in the City of South Amboy.
Self-service cigarette displays are prohibited in all retail establishments in the City of South Amboy.
This prohibition shall not apply to vending machines and self-service displays that are located in facilities where the retailer ensures that no person younger than 21 years of age is present or permitted to enter at any time.
All tobacco vending machines and self-service displays made unlawful by the terms of this Ordinance No. 23-2001, adopted 8-15-01, shall be removed within 30 days from the effective date of Ordinance No. 23-2001 from premises in the City of South Amboy.
Unattended machines prohibited. No cigarette vending machines shall be placed on any premises, public or private, within the City unless the owner or lessee of such a machine provides, in writing, to the City for each individual cigarette vending machines the names and business addresses of a person or persons who shall serve as attendant and deputy attendant for that machine. More than one attendant and/or deputy attendant may be appointed in reference to a single cigarette vending machine, provided that the owner or leasee states the time periods when each of two or more attendants and/or deputy attendants for a single cigarette vending machine shall be the attendant or deputy attendant on duty and thus responsible for compliance with this chapter.
Responsibilities of attendant. The attendant and, in his stead, the deputy attendant shall be responsible for the penalties and fees which may, upon conviction, be imposed for violations of this chapter. Nothing in this chapter shall prohibit the employer of an attendant from paying penalties imposed under this chapter, but payment by the employer shall not be required.
Qualifications and duties of attendant. The attendant shall:
Be at least 21 years of age or more, as certified by the Health Officer by birth certificate or driver's license only.
Be responsible for placing and maintaining the cigarette vending machine at a site not more than 50 feet from his normal place of transacting business, which shall include but not be limited to a cash register, check-out counter, bar or place for the consumption or sale of liquor, desk, office, bathroom or lounge area.
Have a clear unobstructed line of sight between his normal place of transacting business and the location of the cigarette vending machine.
Be responsible to make those cigarette vending machines for which he is responsible inoperable during any time when the public has access to said machines but for any reason the attendant or deputy attendants are not available to attend the machines.
Be an employee or agent of the firm, corporation, partnership or entity having possessory interest, including but not limited to leaseholds, in the premises where the cigarette vending machines is located.
Be deemed to be in violation of this chapter if he permits a person who is 21 years of age or less to purchase a product from a cigarette vending machine.
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 60 days after the 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 shall be delivered or sent by certified mail to the alleged violator.
The Health Officer, or his/her designee or any other person charged with enforcement of this chapter, after giving proper identification, may inspect any retail establishment in the City of South Amboy in the performance of his/her duties under this chapter.
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Health Officer, or his/her designee, who may request the assistance of South Amboy Police Department, or other police agency or peace officer when necessary to execute his or her official duty in a manner prescribed by law.
This chapter shall be enforced by the Health Officer or the Police Department in the City of South Amboy.
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 the City of South Amboy.
Any person owning, operating, renting or permitting the use of a cigarette vending machine on premises under his or her control in violation of this chapter shall be subject to a fine to be set in the discretion of the Judge up to the maximum fine permitted to be levied in the Municipal Court for a City ordinance violation. Each day on which such a machine is owned, operated, rented, or permitted on the premises shall result in an additional fine.
Any person who sells or permits tobacco products to be sold to any individual under the age of 21 or to be sold by any individual under the age of 21 shall be subject to a fine to be set in the discretion of the Judge up to the maximum fine permitted to be levied in the Municipal Court for a City ordinance violation. Each sale of tobacco to or by a minor shall constitute a separate violation.
The South Amboy 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 South Amboy Board of Health to license and regulate food establishments as provided by N.J.S.A. 26:3-31(c).
Any penalty recovered under the provisions of this chapter shall be recovered by and in name of the local Board of Health. The penalty recovered shall be paid by the Board of Health into the treasury of the City.
A tobacco vending machine which is prohibited by this chapter may be taken into custody by municipal authorities. Any machine so taken shall be returned to its owner upon payment of the reasonable costs incurred in connection with the taking.
- HEALTH OFFICER
- The Administrative Officer of the South Amboy Board of Health and/or his or her authorized representatives.
- An individual, partnership, cooperative, association, corporation, person representative, receiver, trustee, assignee or any other legal entity.
- 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 who is licensed under the Cigarette Tax Act (N.J.S.A. 54:40A-1 et seq.)
- VENDING MACHINE
- Any automated, self-service device which, upon insertion of money, tokens or any other form of payments, dispenses cigarettes or other form of payments, dispenses cigarettes or other tobacco products.