[HISTORY: Adopted by the Township Council
of the Township of Saddle Brook 6-1-1995 by Ord. No. 1096.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 68,
Cigarette Vending Machines, adopted 7-8-1994 by Ord. No. 1079.
A.
Cigarette smoking has been found to be a major and
preventable health hazard, often causing addiction and ultimately
resulting in severe health problems or death.
B.
Studies of the addiction involved in smoking establish
that the onset of tobacco use generally occurs during adolescence
and that reducing the access of minors to cigarettes can be aided
by prohibiting the unrestricted access of minors to cigarette vending
machines.
C.
Electric hard-wire mechanical and/or remote control
locking devices are claimed to be available by cigarette vending machine
distributors which will assure that the machine is always in the "off"
mode except when activated by an adult employee of the retail facility.
D.
Installation of this claimed locking device would
place the sale of cigarettes through vending machines on an equal
footing with the sale of cigarettes over the counter in convenience
and other stores.
E.
The Mayor and Council have received information as
well as a demonstration of locking devices which will keep the cigarette
vending machines in an "off" position except when activated by an
adult employee of the premises in which the cigarette machine is located,
and the Mayor and Council are satisfied that said locking device provides
ample and sufficient protection to prevent the sale of cigarettes
to minors.
F.
The Mayor and Council believe and therefore find that
restricting the location and the method of dispensation from cigarette
vending machines as well as prohibiting all other cigarette vending
machines not complying with the restrictions will help to implement
the statewide ban on the sale of cigarettes or tobacco in any form
to minors pursuant to N.J.S.A. 2A:170-51.[1]
[1]
Editor's Note: N.J.S.A. 2A:170-51 was repealed by L. 1999,
c. 90, § 19, effective 5-3-1999. See now N.J.S.A. 2C:33-13.1.
G.
The Township of Saddle Brook is authorized to enact
the within chapter which it deems necessary and proper for the preservation
of the public health, safety and welfare of the Township and its inhabitants.
As used in this chapter, the following terms
shall have the meanings indicated:
The person(s) responsible for installing, maintaining, repairing,
stocking or collecting the proceeds from a cigarette vending machine
placed or located within the Township, as well as the owner of the
machine.
An individual, partnership, cooperative, association, corporation
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 person or entity that operates any store, stand, booth,
concession or place at which sales of tobacco are made to purchasers
for consumption or use, and shall mean a person or entity that owns
or operates a vending machine and/or a vending machine location.
Any automated, self-serving device which, upon insertion
of money, token or any other form of payment, dispenses cigarettes
at retail.
It shall be unlawful for any person involved
in the retail sale of cigarettes or other tobacco products to sell,
give or permit to be sold any tobacco products to any person under
18 years of age. Violations of this section shall be subject to the
penalty provisions of N.J.S.A. 2A:170-51.
It shall be the obligation of any person involved
in the sale or retail of cigarettes or other tobacco products to assure
themselves that no sale or other transaction concerning those products
is occurring to any person under the age of 18 years, including but
not limited to requiring a form of identification from the person
stating their date of birth prior to dispensing (or allowing to be
dispensed) the product. Unless identification is requested by the
retailer, it shall be conclusively presumed that the retailer has
not taken reasonable steps to determine the age of the buyer if proof
is presented to the Municipal Court that the buyer was at the time
of the purchase under 18 years of age.
No person engaged or involved in the sale of
cigarettes or other tobacco products shall allow or permit any person
under the age of 18 years to be involved in the sale of cigarettes
or other tobacco products, including operation of the locking device
hereinafter described.
In view of the indiscriminate sale of cigarettes
to minors currently by automatic vending machines, all cigarette vending
machines are hereby prohibited within the Township of Saddle Brook
with the exception of vending machines installed and operating in
accordance with each and every one of the restrictions and requirements
set forth herein.
A.
An electric hard-wire and/or remote control locking
device shall control the operation of the cigarette vending machine.
The locking device shall be certified by the distributor both at the
time of installation and at six-month intervals thereafter as one
which functions in a manner that assures that the cigarette vending
machine is always in the "off" mode and when activated will allow
the purchase of only one pack of cigarettes whenever the locking device
is operated by the person controlling the switch or button. The certification
shall be filed with the Township Clerk's office.
B.
The control button or switch on the locking device
shall be within 15 feet of the cigarette 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.
C.
The cigarette vending machine shall be under the direct
visual observation of the person operating the control button or switch
of the locking device.
D.
No more than two cigarette vending machines meeting
all the requirements and restrictions of this chapter shall be allowed
in any single retail or other establishment. Where two cigarette vending
machines are to be installed, separate control buttons or switches
no closer than 24 inches apart shall be installed for each cigarette
vending machine to prevent the inadvertent activation of the cigarette
vending machine other than the one from which a purchase is desired
to be made.
E.
The distributor of the cigarette vending machine shall
certify, both at the time of installation and at six-month intervals
thereafter, that in the event of any malfunction in the operation
of the locking device or mechanism, the machine remains in the "off"
position and the vending machine can no longer be operated by any
person to dispense cigarettes until the locking device is fixed by
the distributor or other authorized representative of the owner of
the cigarette vending machine. The certification shall also be filed
in the Township Clerk's office.
It shall be unlawful for any person, including
the distributor responsible for the installation, operation or maintenance
of a cigarette vending machine, to remove, disconnect or otherwise
disable the locking device for the purpose or with the result that
prospective customers of the cigarette vending machine can purchase
cigarettes without the locking device controlling each individual
sale.
A.
Unless otherwise provided by law, statue or ordinance,
any person charged with violating any of the provisions of this chapter
shall, upon conviction thereof, pay a penalty of not less than $250
nor more than $500 for each offense.
B.
Each sale of cigarettes to a minor shall constitute
a separate offense.
C.
Any second or subsequent conviction of a violation
of this chapter within any six-month period shall be subject to a
penalty of not less than $500 nor more than $1,000 for each such subsequent
conviction.
D.
Any distributor committing or aiding in the commission
of a violation of the chapter, including issuance of a wrongful certification
of compliance for the installation or operation of a cigarette vending
machine, shall be liable for the first offense to pay a penalty, separate
from any penalty imposed upon the retail or other establishment where
the machine has been placed or located, of not less than $250 nor
more than $500.
E.
Upon committing a second offense under this chapter
within any six-month period, both the distributor and the owner of
the retail establishment may be liable not only for the monetary penalties
specified in this section but also to a prohibition on all cigarette
vending machines on the premises where the violations occurred for
a period of not less than six months nor more than 12 months.
A cigarette 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 under payment of the reasonable costs incurred in connection
with the seizure and any fine imposed by the Municipal Court.
A.
Whenever the enforcement officer or his/her designee
reasonably believes there exists a violation of this chapter, he/she
may issue a summons and complaint. 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 may be personally delivered or may be
sent by certified mail and regular mail to the alleged violator(s).
B.
The enforcement officer or his designee, after showing proper identification, may inspect any matter, thing, premises or place as may be necessary for the proper enforcement hereof. The enforcement officer shall inspect each cigarette vending machine allowed by this chapter at the time each machine is certified by the distributor or owner to be installed and ready to operate in accordance with the requirements and restrictions set forth in § 68-6 hereof and at intervals of not more than every six months thereafter.
C.
It shall be unlawful for any person to oppose or otherwise
obstruct the enforcement officer or his designee in the performance
of duties hereunder, and they may request the assistance of a law
enforcement agency or peace officer when necessary to execute his
or her official duty in a manner prescribed by law.
A.
Permit fee. Each distributor shall pay $125 per year
for a permit.
[Amended 12-11-2008 by Ord. No. 1455]
B.
License fee. Each distributor shall pay $35 per machine
per year.
[Amended 12-11-2008 by Ord. No. 1455]
C.
All permits and licenses issued under the authority
of this chapter shall expire on the 31st day of December of each year,
and each permit and license must be renewed in January of each year.
Permit and license fees shall not be prorated or refunded except that
the license fees for the year 1995 shall be prorated for 1/2 of the
amount specified in this chapter since this chapter will take effect
on July 1, 1995, for the year 1995 and thereafter.
A.
If any section, subsection or paragraph of this chapter
is declared to be unconstitutional, invalid or inoperative, in whole
or in part, by a court of competent jurisdiction, such section, subsection
or paragraph shall, to the extent that it is not unconstitutional,
invalid or inoperative, remain in full force and effect, and no such
determination shall be deemed to invalidate the remaining sections,
subsections or paragraphs of this chapter.
B.
This chapter shall be liberally construed for the
protection of the health, safety and welfare of the people of this
municipality.
This chapter shall take effect on July 1, 1995,
provided that the chapter has received final approval and publication
as provided by law prior to July 1, 1995.