[HISTORY: Adopted by the Board of Health of the Township of Readington 7-18-1995; amended in its entirety 5-21-2025 by Ord. No. BH 01-2025. Subsequent amendments noted where applicable.]
A. 
It shall be unlawful to sell tobacco, tobacco products, vapor products, or any other similar substance, as may be included by New Jersey law, as amended from time to time, to a person under 21 years of age.
B. 
It shall be unlawful to sell non-tobacco flavored vapor products in any retail establishment in the Township of Readington to persons, regardless of age.
C. 
Sign requirements. The following six-inch-by-eight-inch sign shall be provided by the retailer, at the retailer's own expense, and posted in a conspicuous place near each cash register in all retail establishments in the Township of Readington which sell tobacco products, and vapor products:
SALE OF TOBACCO, TOBACCO PRODUCTS, AND VAPOR PRODUCTS TO PERSONS UNDER THE AGE OF 21 IS PROHIBITED BY LAW. THE SALE OF NON-TOBACCO-FLAVORED VAPOR PRODUCTS IS PROHIBITED BY LAW, REGARDLESS OF AGE.
Legal proof of age must be shown. A person who sells or offers to sell tobacco, tobacco products, or vapor products to a person under 21 years of age may be prosecuted in accordance with state and local ordinances.
It shall be unlawful for a tobacco or other retailer to sell or permit to be sold tobacco, tobacco products, or vapor products to any individual without first requesting and examining identification from the purchaser positively establishing the purchaser's age as 21 years or greater, unless the seller has some other conclusive basis for determining the buyer is over the age of 21 years.
As used in this chapter, the following terms shall have the meanings indicated:
BOARD OF HEALTH
The Readington Township Board of Health and may be referred to in this chapter as the "Board of Health", "Department" or "Board."
HEALTH OFFICER
Means the Hunterdon County Health Officer, or other administrative officer designated to act on behalf of the Readington Township Board of Health and/or his or her authorized representative.
NON-TOBACCO-FLAVORED VAPOR PRODUCT
Means a vapor product with a "characterizing flavor" including a distinguishable flavor, taste, or aroma other than tobacco, including, but not limited to, any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, mint, menthol, wintergreen, or spice flavoring, that is imparted, prior to or during consumption, by a vapor product, including any smoke or vapor emanating from that product. A vapor product shall be deemed to have a characterizing flavor if the product is advertised or marketed as having or producing any such distinguishable flavor, taste, or aroma.
PERSON
An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
RETAIL ESTABLISHMENT
Any place of business that sells to the public at retail.
TOBACCO
Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling or other personal use, including cigars chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
TOBACCO PRODUCT
Means any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by other means, including, but not limited to, a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, or snus; any vapor product; and any component, part, or accessory of a product containing, made of, or derived from tobacco or nicotine or a vapor product, regardless of whether the component, part, or accessory contains tobacco or nicotine. "Tobacco product" includes, but is not limited to, filters, rolling papers, blunt or hemp wraps, hookahs, and pipes.
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; shall also mean a person or entity that owns, operates or uses a vending machine and/or a vending machine location.
VAPOR PRODUCT
Means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. "Vapor product" includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, regardless of whether the substance contains nicotine. "Vapor product" does not include any drug, device, or combination product approved by the federal Food and Drug Administration pursuant to the Federal Food, Drug and Cosmetic Act.[1]
VENDING MACHINE
Any automated, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarette or other tobacco products.
VENDING MACHINE LOCATION
The room, enclosure, space or area where a tobacco vending machine is installed and operated.
[1]
Editor's Note: See 21 U.S.C. § 301 et seq.
A. 
This chapter may be enforced by the Readington Township Police Department, Health Officer, or his/her designee.
B. 
Whenever the Readington Township Police Department, 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 article and section of this chapter alleged to have been violated. The complaint shall be delivered or sent by certified mail to the alleged violator.
C. 
The Readington Township Police Department, Health Officer or his designee or any other person charged with enforcement this chapter, after giving proper identification, may inspect any matter, thing, premises, place, person, record vehicle, incident or event as necessary.
D. 
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct an officer of the Readington Township Police Department, the Health Officer or his designee, who may request the assistance of the Readington Township Police Department or other police agency or peace officer when necessary to execute his or her official duty in a manner prescribed by law.
E. 
Citizens may bring complaints against violators of this chapter.
A. 
Unless otherwise provided by law, statute or ordinance, any person violating any of the provisions of this chapter shall, upon conviction thereof, pay a penalty of not less than $100 nor more than $500 for each offense. Complaint shall be made in the Municipal Court of Readington Township or before such other judicial officer having authority under the laws of the State of New Jersey. The aforesaid penalties may be imposed in addition to any penalties authorized by state law.
B. 
Each sale of tobacco, tobacco products, or vapor products to a person under the age of 21 shall constitute a separate offense.
C. 
Each sale of a non-tobacco vapor product to a person shall constitute a separate offense.