[Amended 12-19-2019 by Ord. No. 19-77]
A. No person shall sell, distribute or give tobacco or nicotine-delivery
products (including electronic smoking devices) in the City of Trenton
unless the owner or an employee of the establishment controls the
sale of such products. A person may only sell, furnish or give tobacco
or nicotine-delivery products (including electronic smoking devices)
in a direct, face-to-face exchange between the tobacco retailer and
the consumer. Self-service displays and vending machines of tobacco
or nicotine-delivery products (including electronic smoking devices)
shall be prohibited.
B. No person shall sell, distribute, or give tobacco or nicotine-delivery
products (including electronic smoking devices) to any person under
the age of 21 years, unless the receiver possesses a valid medical
prescription for such products.
C. Tobacco retailers and licensed retail electronic smoking device establishments
shall conspicuously post and reasonably maintain signs having a minimum
size of six inches by eight inches where tobacco and/or nicotine-delivery
products (including electronic smoking devices) are displayed and
at all check-out counters notifying customers that proof of age is
required to purchase such products.
D. In accordance with Title 21, § 1140.14, of the Code of
Federal Regulations and NJ Rev. Stat. § 54-40A, any person
selling tobacco and/or nicotine-delivery products (including electronic
smoking devices) shall verify by means of government-issued photographic
identification containing the bearer's date of birth that no
person purchasing the tobacco and/or nicotine-delivery products (including
electronic smoking devices) is younger than 21 years of age. No such
verification is required for any person over the age of 26. No clerk
or other employee shall sell tobacco and/or nicotine-delivery products
(including electronic smoking devices) to a person less than 21 years
of age based on a note or any form of communication from any person.
E. No person or retailer selling tobacco and/or nicotine-delivery products
(including electronic smoking devices) shall allow an employee, manager,
owner, or other individual to sell or distribute such products unless
he or she has read the Trenton Board of Health Code and state laws
pertaining to the sale or distribution of tobacco and/or nicotine-delivery
products (including electronic smoking devices) and has signed a statement
that the employee has read such code and state laws. Form statements
will be supplied by the Department of Health and Human Services, and
the original signed original statements shall be filed with the Department,
and a copy shall be kept on file by the retailer and made available
for review by the Health Officer.
F. The sale of any electronic smoking device refill liquid, powders,
gels, waxes or other forms of tobacco, nicotine, or other substances
that are intended for human consumption that are not contained in
packaging that is child-resistant, whether or not such substance contains
nicotine, is prohibited as set forth in N.J.S.A. 2A:170-51.9 et seq.
G. In addition to the provisions in this chapter, any sale of tobacco,
nicotine-delivery, or electronic smoking device products must comply
with any and all relevant state and federal laws governing such products.
As used in this chapter, the following terms shall have the
meanings indicated:
ELECTRONIC SMOKING DEVICE
An electronic or other powered device that can be used to
deliver nicotine, nicotine oil or other substances to the person inhaling
from the device, including but not limited to an electronic cigarette,
cigar, cigarillo, or pipe, or any cartridge or component of such a
device or related products, including but not limited to any substances
used in such devices, such as liquids or powders.
[Added 12-19-2019 by Ord.
No. 19-77]
EMPLOYEE
Any person who is employed by any employer for direct or
indirect monetary wages or profit, including but not limited to those
employed full time, part time, temporarily, or contracted from a third
party; the term "employee" also means any person who serves as a volunteer
for a business, nonprofit organization, or other entity.
[Added 12-19-2019 by Ord.
No. 19-77]
EMPLOYER
Any person, business, nonprofit organization, or other entity
which employs the services of one or more persons.
[Added 12-19-2019 by Ord.
No. 19-77]
HEALTH OFFICER
The Director of the Division of Health and/or his or her
authorized representative.
NICOTINE-DELIVERY PRODUCT
Any product that is designed to deliver nicotine, nicotine
or non-nicotine vapor, or any other substances, including but not
limited to what are commonly known as "e-cigarettes" or other types
of electronic smoking devices, or any cartridge or other component
of such device, or related products, including but not limited to
any substances used in such devices, such as liquids, powders, gels,
waxes or other forms of tobacco, nicotine or other substances, but
excluding United States Food and Drug Administration-approved nicotine
patches or nicotine chewing gum.
[Amended 12-19-2019 by Ord. No. 19-77]
PERSON
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee, or any other
legal entity.
RETAIL ELECTRONIC SMOKING DEVICE ESTABLISHMENT
A physical establishment duly licensed by the Board of Health,
that sells, offers for sale, gives, distributes, or furnishes electronic
smoking devices designed for consumption through inhalation.
[Added 12-19-2019 by Ord.
No. 19-77]
SELF-SERVICE DISPLAY
Any display promotion of tobacco products or nicotine-delivery
products (including electronic smoking devices) in any area of a retail
establishment not located behind a sales counter and within the grasp
of the public so as to permit self-service.
[Added 12-19-2019 by Ord.
No. 19-77]
TOBACCO
Any product made from the tobacco plant for the purpose of
smoking, chewing, inhaling and other personal use, including but not
limited to cigars, chewing tobacco, pipe tobacco, snuff, and cigarettes
in any form.
TOBACCO RETAILER
Any person, or entity that operates a store, stand, booth,
concession, or place at which sales of tobacco or nicotine-delivery
products are made to purchasers for consumption or use. The term shall
also mean any person or entity that owns, operates or uses a tobacco
vending machine.
TOBACCO VENDING MACHINE
Any automated, self-service device which, upon insertion
of money, tokens, or other forms of payment, dispenses nicotine-delivery
products (including electronic smoking devices), cigarettes, or other
tobacco products.
[Amended 12-19-2019 by Ord. No. 19-77]
[Amended 12-19-2019 by Ord. No. 19-77]
A. A person who violates the provisions of this chapter, including but
not limited to any employee of a retail dealer licensee under P.L.
1948, c. 65 (N.J.S.A. 54:40A-1 et seq.), who actually sells, distributes
or gives or otherwise provides tobacco or nicotine-delivery products
to a person under 21 years of age, shall be liable to a civil penalty
of not less than $250 for the first violation, not less than $500
for the second violation, and not less than $1,000 for the third and
each subsequent violation. Complaints shall be made in the Municipal
Court of the City of Trenton or before such other judicial officer
having authority under the laws of the State of New Jersey. Fees collected
as a result of penalties allowed under this section shall be designated
for use by the Division of Health.
B. Each sale, distribution, or giving of tobacco and/or a nicotine-delivery
product (including electronic smoking devices) to any person under
the age of 21 or any other violation of a provision of this chapter
shall constitute a separate violation.
C. In addition to the penalties set forth in §
280-4A above, the City of Trenton Division 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 Division of Health to license and regulate food establishments as provided by N.J.S.A. 26:3-31(c). The Health Officer or his or her designee may also suspend or revoke a retail electronic smoking device establishment license.
D. The foregoing civil penalties are in addition to any penalties that
may be imposed under N.J.S.A. 2A:170-51.1 et seq. and N.J.S.A. 2C:33-12.1
et seq.
E. The defenses enumerated in N.J.S.A. 2A:170-51.4b and N.J.S.A. 2C:33-13.1b shall constitute defenses to any prosecution brought pursuant to §
280-1B.
F. Fines associated with this chapter shall be paid to the City of Trenton,
maintained by the City's Chief Financial Officer, and directed
to the Department of Health and Human Services.
[Added 12-19-2019 by Ord.
No. 19-77]
A. No person shall conduct, maintain, or operate a retail electronic
smoking device establishment that sells, offers for sale at any cost
or no cost, distributes, furnishes, or gives electronic smoking devices
without first obtaining from the Department of Health and Human Services
a license to do so on the premises.
B. A license shall be required for each individual location of a retail
electronic smoking device establishment. Should multiple locations
be owned or operated by a single entity, each location shall still
require a unique license.
C. Applicants seeking to obtain a license shall file a written application
with the Department of Health and Human Services on a form to be furnished
by the City. The application must be accompanied by the correct fees
as provided herein before it can be processed.
D. Upon receipt of the completed application and fees, the Department
of Health and Human Services shall process the application and, if
complete and all requirements are met, issue the license within 14
days. The license shall list the name and address of the establishment
in addition to the effective dates of the license. In the event that
the application is not complete or there is any reason to deny the
application, the applicant shall be notified in writing within the
fourteen-day time period.
E. No itinerant establishments or vendors shall be permitted to obtain
a retail electronic smoking device establishment license.
F. Fees in accordance with the following schedule shall be paid before
any license required in this article shall be issued:
(1) Annual retail electronic smoking device establishment license fee:
$750.
(2) The term of each license shall commence on January 1 and expire on
December 31 of each year. There shall be no proration of license fees,
regardless of when the license is obtained.
G. Licenses issued under the provisions of this chapter, unless forfeited
to or revoked by the Board of Health, shall be valid beginning on
January 1 and shall expire annually on the 31st day of December (or
other dates as determined by the Health Officer or his or her designee)
or whenever the licensed establishment is no longer operating as a
retail electronic smoking device establishment, whichever occurs first.
H. Such license shall be posted in a conspicuous place in such establishment.
I. All licensing fees shall be paid to the City of Trenton, maintained
by the City's Chief Financial Officer, and directed to the Department
of Health and Human Services.
[Added 12-19-2019 by Ord.
No. 19-77]
A. No license shall be transferable by sale or otherwise; a license
is valid only for the specific premises and person listed thereon.
B. No "pocket" license shall be issued, and no existing license shall
be converted to a "pocket" license.
[Added 12-19-2019 by Ord.
No. 19-77]
A. It shall be unlawful to sell, offer for sale, give, distribute, or
furnish tobacco or nicotine-delivery products (including electronic
smoking devices) from a self-service display.
B. All vending machines dispensing tobacco products, nicotine-delivery
products, electronic smoking devices, and/or other related products
are prohibited.
C. All self-service displays considered unlawful under the terms of
this chapter shall be removed.
[Added 12-19-2019 by Ord.
No. 19-77]
A. Pursuant to §
54-8 of the Trenton City Code, smoking or use of electronic smoking devices shall be prohibited in all public parks and recreation facilities owned or leased by the City of Trenton and all property owned or leased by the City of Trenton upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including but not limited to any parking area, driveway, or drive aisle, which have been designated with no-smoking signs.
B. Smoking or use of electronic smoking devices shall be prohibited
in any vehicle registered to the City of Trenton.
C. Smoking or use of electronic smoking devices shall be prohibited
in restaurants in accordance with all relevant state and local laws.
D. Pursuant to N.J.A.C 8:6-2.2, smoking shall be prohibited inside any
public place or workplace.
E. Pursuant to N.J.A.C 8:6-2.3, smoking shall be prohibited at an exterior
area if smoking in the exterior area results in migration, seepage,
or recirculation of smoke to an indoor public place or a workplace
at which smoking is prohibited.
[Added 12-19-2019 by Ord.
No. 19-77]
A. The amendments to this chapter shall take effect upon final adoption
and publication in the manner provided by law but shall not become
operational until January 1, 2020. Any retail electronic smoking device establishment must obtain a license as described in §
280-5 by January 1, 2020.