[HISTORY: Adopted by the Township Council of the Township of Parsippany-Troy Hills by Ord. No. 97:44. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- LOCKOUT DEVICE
- Any mechanical device, attached to a tobacco vending machine, which is electronically operated by a third party to control the sale of tobacco products.
- PERSON, FIRM, CORPORATION or ASSOCIATION
- As used herein, shall include the following: any person, firm, corporation or association in whose place of business or employment tobacco products are offered for sale, directly or by machine.
- TOBACCO PRODUCT
- Any product made from the tobacco plant or containing tobacco leaf for the purpose of smoking, chewing, inhaling or other personal use, including but not limited to cigarettes, cigars, pipe tobacco, chewing tobacco, snuff and dipping tobacco.
- TOBACCO VENDING MACHINE
- Any mechanical, electrical or electronic self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco or tobacco products, either exclusively or as one kind of available item.
It shall be unlawful for any person, firm, corporation or association:
To sell or permit to be sold or offer to sell any tobacco product to any individual without requesting and examining identification from the purchaser positively establishing the purchaser's age as 18 years of age or greater, unless the seller has some other conclusive basis for determining the buyer is over the age of 18 years; or
To sell or permit to be sold any tobacco product to a person under 18 years of age.
In view of the indiscriminate sales of tobacco products to minors by automatic vending machines, all tobacco vending machines are hereby prohibited in the Township of Parsippany-Troy Hills. It shall be unlawful for any person, firm, corporation or association to possess a tobacco vending machine or to sell or offer to sell any tobacco product through a tobacco vending machine in the Township of Parsippany-Troy Hills with the following exception: A tobacco vending machine shall not be prohibited if it is located in a bar, tavern, restaurant or other establishment which has a valid distribution or consumption liquor license, provided it meets the following requirements as well:
The vending machine is not less than 10 feet from all public entrances or exitways and within 15 feet and within the direct visual supervision of the person designated to control the operation of the vending machine (the location attendant). There shall be no full wall impediment, glass or otherwise, between the location attendant and the vending machine.
The vending machine is equipped with a lockout device in which:
The lockout device allows the location attendant to control the sale of tobacco products in accordance with state and local laws by blocking the vending mechanism.
The location attendant must be approached by the customer before the machine will operate.
The tobacco vending machine shall be under the direct visual observation of the location attendant.
The location attendant pushes the remote control button to allow a sale.
The lockout device automatically resets to prevent the next sale. There can be no multiple sales.
The control button or switch on the locking device shall be within 15 feet of the tobacco vending machine it controls. The control button or switch shall be located in an area not directly accessible to nonemployees of the retail or other establishment.
Access to the interior of the machine is controlled only by the vending machine company.
The lockout device is equivalent or equal to a "WICO" lockout device.
The cost of the lockout device is to be by the vending machine company and be installed by a competent service person.
No more than two tobacco vending machines meeting all the requirements and restrictions of this chapter shall be allowed in any single establishment. Where two tobacco vending machines are to be installed, separate control buttons or switches no closer than 24 inches apart shall be installed for each tobacco vending machine to prevent the inadvertent activation of the tobacco vending machine other than the one from which a purchase is desired to be made.
It shall be unlawful for any person, including the distributor responsible for the installation, operation, or maintenance of a tobacco vending machine, to remove, disconnect or otherwise disable the locking device for the purpose or with the result that prospective customers of the tobacco vending machine can purchase tobacco products without the locking device controlling each individual sale.
A tobacco vending machine which is not installed or operating in accordance with this chapter may be seized, forfeited and disposed of in the same manner as other unlawful property seized under N.J.S.A. 2C:64-1 et seq. Any machine so seized may be returned to its owner upon payment of the reasonable costs incurred in connection with the seizure and any fine imposed by the Municipal Court.
[Amended by Ord. No. 97:44; 12-20-2005 by Ord. No. 2005:31]
Any person, firm, corporation or association violating § 378-2, 378-3 or 378-4 of this chapter shall be subject to a maximum fine of $100 for the first violation, $250 for the second violation, $500 for the third violation, and $1,000 for the fourth or greater violations within a two-year period. For purposes of this chapter, the "two-year period" will be considered as the 730 days directly preceding the most recent violation.
Both the individuals permitting the sale of tobacco products to a minor in violation of this section and the owner of the premises may be subject to the penalties described above.
The Municipal Police Department, the Health Department or any citizen may enforce this section by filing a complaint in Municipal Court, provided that no citizen may file a complaint prior to 120 days after the date this chapter takes effect.