[HISTORY: Adopted by the Board of Health of the Borough of Chesilhurst 4-6-2023 by Ord. No. 2023-3 BOH[1]. Amendments noted where applicable.]
[1]
Editor's Note: This chapter was originally adopted as Ch. 201. The chapter was renumbered to organize all Board of Health legislation to Part III of the Code.
As used in this chapter:
HEALTH DEPARTMENT
Shall mean the Chesilhurst Health Department.
HEALTH OFFICER
Shall mean the Chesilhurst Health Officer and/or his or her authorized representative.
NICOTINE DELIVERY PRODUCT
Shall mean any product that is designed to deliver nicotine or vapor, 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 or powders or other forms of tobacco, but excluding United States Food and Drug Administration approved nicotine patches or nicotine chewing gum.
PERSON
Shall mean an individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
TOBACCO
Shall means any product made from the tobacco plant for the purpose of smoking, chewing, inhaling and other personal use including cigars, chewing tobacco, pipe tobacco, snuff, and cigarettes in any form.
TOBACCO RETAILER
Shall mean 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 and/or a tobacco vending machine location as defined herein.
TOBACCO VENDING MACHINE
Shall mean any automated, self-service device which, upon insertion of money, tokes, or other form of payment, dispenses nicotine delivery products, cigarettes, or other tobacco products.
TOBACCO VENDING MACHINE LOCATION
Shall mean the room, enclosure, space or area where a tobacco vending machine is installed and operated.
A. 
No person shall sell tobacco or nicotine delivery products in Chesilhurst unless an employee of the establishment controls the sale of such products. A person may only sell tobacco or nicotine delivery products in a direct, face-to-face exchange between the retailer and the consumer. Self-service displays and vending machines of tobacco or nicotine delivery products shall be prohibited.
B. 
No person shall sell, distribute, or give tobacco or nicotine delivery products to any person under the age of 21 years.
C. 
Tobacco retailers shall conspicuously post and reasonably maintain signs having a minimum size of six inches by eight inches where tobacco or nicotine delivery products are displayed and at all check- out counters notifying customers that proof of age is required to purchase tobacco or nicotine delivery products.
D. 
Any person selling tobacco or nicotine delivery products shall verify by means of government-issued photographic identification containing the bearer's date of birth that no person purchasing the tobacco or nicotine containing products is younger than 21 years of age. No such verification is required for any person over the age of 26. No clerk shall sell tobacco or nicotine delivery products to a person less than 21 years of age who has a note or any form of communication from any person, including an adult.
E. 
No person or tobacco retailer selling tobacco or nicotine delivery products shall allow an employee to sell or distribute such products until the employee has read the Chesilhurst Board of Health Ordinances and state laws pertaining to the sale or distribution of tobacco and nicotine delivery products and has signed a statement that the employee has read such ordinances and State laws. Such form statement will be supplied by the Health Department and the signed original statement shall be filed with the Health Department and a copy shall be kept on file by the tobacco retailer and made available for review by the Health Department.
A. 
The enforcement authority for this chapter shall be the Chesilhurst Health Officer or his/her designee.
B. 
The Health Officer may, after giving proper identification, inspect any matter, thing, premise, place, person, record, vehicle, incident, or event as necessary to execute his or her official duties in a manner prescribed by law.
C. 
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Health Officer in his enforcement of this chapter, and the Health Officer may request the assistance of the Chesilhurst Police Department or other police agency or peace officer when necessary to execute his or her official duties in a manner prescribed by law.
D. 
Citizens may bring complaints against violators of this chapter.
A. 
A person who violates the provisions of this chapter, including any employee of a retail dealer licensee under P.L. 1948, c.65 (C.54:40A-1 et seq.) who actually sells or otherwise provides tobacco product 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. Complaint shall be made in the municipal court of Chesilhurst or before such other judicial officer having authority under the laws of the State of New Jersey.
B. 
Each sale of tobacco and or nicotine delivery product to any person under the age of 21 shall constitute a separate violation.
C. 
In addition to the penalties set forth in § 508-4A above, the Chesilhurst 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 Board of Health to license and regulate food establishments as provided by N.J.S.A. 26:3-31(c).