[HISTORY: Adopted by the Mayor and Council of the Borough of Cresskill 6-3-1998
by Ord. No. 98-8-1186. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The Health Officer of the Borough of Cresskill and/or his or her
authorized representatives.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee or any other legal entity.
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.
Any automated, self-service device which, upon insertion of money,
tokens or any other form of payment, dispenses cigarettes or other tobacco
products.
A.
It shall be unlawful to sell tobacco to a person under
18 years of age.
B.
It shall be unlawful to sell tobacco unless the person
selling is 18 years of age or older.
C.
Sign requirements. A sign having a minimum size of six
inches by eight inches shall be posted in a conspicuous place near each cash
register in all retail establishments which sell tobacco products and shall
contain the following language:
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"SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 18 IS PROHIBITED
BY LAW. Legal proof of age must be shown. A person who sells or offers to
sell a tobacco product to a person under 18 years of age may be prosecuted
in accordance with state and local ordinances."
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It shall be unlawful for a tobacco retailer to sell or permit to be
sold tobacco to any individual without requesting and examining identification
from the purchaser positively establishing the purchaser's age as 18 years
or greater, unless the seller has some other conclusive basis for determining
the buyer is over the age of 18 years.
It shall be unlawful to offer for sale or to sell tobacco through a
vending machine in the Borough of Cresskill.
All tobacco vending machines made unlawful by the terms of this chapter
shall be removed within 30 days from the effective date of this chapter.
A.
Whenever the Health Officer or his/her designee reasonably
believes that 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 section
of this chapter alleged to have been violated. The complaint shall be delivered
or sent by certified mail to the alleged violator.
B.
The Health Officer or his designee or any other person
charged with enforcement of this chapter, after giving proper identification,
may inspect any matter, thing, premises, place, person, record, vehicle, incident
or event as necessary.
C.
It shall be unlawful for any person to molest, willfully
oppose, verbally abuse or otherwise obstruct the Health Officer or his designee,
who may request the assistance of the Borough of Cresskill or the Cresskill
Police Department or other police agency or peace officer when necessary to
execute his or her official duty in a manner prescribed by law.
D.
Citizens may bring complaints against violators of this
chapter.
A.
Unless otherwise provided by law, statute or ordinance, any person violating § 251-4 or 251-5 of this chapter shall, upon conviction thereof, pay a penalty of not less than $100 nor more than $500 for each offense. A complaint shall be made in the Municipal Court of the Borough of Cresskill or before such other judicial officer having authority under the laws of the State of New Jersey.
C.
Each sale of tobacco to a minor shall constitute a separate
violation.
