[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.
A.
It shall be unlawful to sell tobacco through a tobacco vending machine
in the City of South Amboy.
B.
Self-service cigarette displays are prohibited in all retail establishments
in the City of South Amboy.
C.
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.
A.
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.
B.
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.
C.
Qualifications and duties of attendant. The attendant shall:
1.
Be at least 21 years of age or more, as certified by the Health Officer
by birth certificate or driver's license only.
2.
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.
3.
Have a clear unobstructed line of sight between his normal place
of transacting business and the location of the cigarette vending
machine.
4.
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.
5.
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.
6.
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.
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 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.
B.
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.
C.
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.
D.
This chapter shall be enforced by the Health Officer or the Police
Department in the City of South Amboy.
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 the City of South Amboy.
A.
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.
B.
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.
C.
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).
D.
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.
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.
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.)
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.
