[HISTORY: Adopted by the Board of Health of the Township of Hampton
6-20-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Regulation of vending machines — See Ch. 127.
The intent of this chapter is to protect the health, safety and welfare
of minors in this township, especially in light of:
A.
The Hampton Board of Health's determination, based on
medical and scientific evidence, that cigarette smoking is a serious health
hazard and regulating tobacco is an important health goal.
B.
N.J.S.A. 2A:170-51, which bans the sale or furnishing
of cigarettes to minors in any form.
C.
Tobacco vending machines are used by minors to purchase
cigarettes and those machines are often placed so that merchants cannot supervise
the persons buying these cigarettes which are sold from the tobacco vending
machines indiscriminately.
D.
The Surgeon General of the United States' call for a
ban on the sale of cigarettes by tobacco vending machines.
E.
Without this chapter the Township of Hampton is unable
to prevent the sale of cigarettes to minors by vending machines.
As used in this chapter, the following terms shall have the meanings
indicated:
The Board of Health of Hampton Township.
The administrative officer of the Hampton Township Board of Health
and/or his or her authorized representatives.
Includes the following: any persons, firm, corporation or association
in whose place of business or employment tobacco products are offered for
sale, directly or by machine.
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.
Any person or entity who or which sells tobacco or tobacco products.
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 a tobacco retailer to offer for sale or to
sell tobacco through a tobacco vending machine in Hampton Township.
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 Article
and 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/her designee, or any other
person charged with enforcement of this chapter, after giving proper identification,
may inspect any matter, thing, premises, place, persons, 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/her
designee, or any other person charged with enforcement of this chapter during
the routine performance of his/her duties.
D.
The Health Officer, or his/her designee, may request
the assistance of the New Jersey State Police or other police agency or peace
officer when necessary to execute his or her official duty in a manner prescribed
by law.
E.
Citizens may bring complaints against violators of this
chapter.
Any person owning, operating, renting or permitting the use of a tobacco
vending machine on premises under his or her control in violation of this
chapter, upon conviction, shall be subject to a fine of $250. Each day on
which such a machine is owned, operated, rented or permitted on the premises
in violation of this chapter shall result in an additional fine.
