It shall be unlawful for a tobacco retailer to sell or permit
to be sold, tobacco or nicotine to any individual without requesting
and examining identification from the purchaser, positively establishing
the purchaser's age as 21 or greater, unless the seller has some
other conclusive basis for determining the purchaser is over the age
of 21 years of age.
Self-service displays of tobacco or nicotine products, from
which individual packages of cigarettes, individual cigarettes, nicotine
products, or electronic cigarette products may be selected by the
customer, are prohibited.
The provisions set forth under this article shall be enforced
by the Code Enforcement Officer or any duly appointed Law Enforcement
Officer.
Any person who violates any provision of this article shall
be subject to the following:
A. A fine of not less than $1,000 for the first offense;
B. $1,500 for the second offense; and
C. $2,000 for the third and each subsequent offense.
D. These penalties are in addition to any penalties that may be imposed,
including, but not limited to, penalties imposed by N.J.S.A. 2C:33-13.1
et seq. and N.J.S.A. 2A:170-51.4.
E. The continuation of such violation for each successive day shall
constitute a separate offense, and the person or persons allowing
or permitting the continuation of the violation may be punished as
provided above for each separate offense.
F. The violation of any provision of this article shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.