Township of Saddle Brook, NJ Chapter 68 Cigarette Vending Machines

[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[1] Editor's Note: This ordinance also repealed former Ch. 68, Cigarette Vending Machines, adopted 7-8-1994 by Ord.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.

§ 68-1 Preface and purpose; findings.

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[1] Editor's Note: N.J.S.A. 2A:170-51 was repealed by L. 1999, c. 90, § 19, effective 5-3-1999.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.

§ 68-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

DISTRIBUTOR

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.

ENFORCEMENT OFFICER

A. A representative of the Bergen County Health Department or the Township of Saddle Brook Health Department;

B. The Zoning Officer of the Township; or

C. Any police officer of the Township.

PERSON

An individual, partnership, cooperative, association, corporation or any other legal entity.

TOBACCO

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

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.

VENDING MACHINE

Any automated, self-serving device which, upon insertion of money, token or any other form of payment, dispenses cigarettes at retail.

§ 68-3 Cigarette sales to minors prohibited.

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.

§ 68-4 Determination of age of cigarette purchaser.

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.

§ 68-5 Minors prohibited from selling tobacco products.

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.

§ 68-6 Restrictions and requirements.

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.

§ 68-7 Tampering with machines or locking devices.

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.

§ 68-8 Violations and penalties.

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.

§ 68-9 Seizure of unauthorized machines.

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.

§ 68-10 Enforcement.

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.

§ 68-11 Permit and license regulations; fees.

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.

§ 68-12 Severability; construal of provisions.

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.

§ 68-13 Effective date.

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.