[Adopted 8-10-1999 by Ord. No. 955-99]
As used in this article, the following terms shall have the meanings indicated:
HEALTH DEPARTMENT
The Ocean County Health Department and may be referred to herein this article as the "Department."
HEALTH OFFICER
The Administrative Officer of the Ocean County Health Department.
PERSON
An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
LAW ENFORCEMENT OFFICER
Any member of the Brick Township Police Department or any other municipal Police Department or the New Jersey State Police.
SELF-SERVICE DISPLAYS
Any racks, stands or other display devices from which a customer may take tobacco products directly with only payment to be made to the tobacco retailer.
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 a store, stand, booth, concession, or place at which sales of tobacco are made to purchasers for consumption or use. This shall also mean a person or entity that owns, operates or uses a vending machine and/or a vending machine location.
VENDING MACHINE
Any automated, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarettes or other tobacco products.
A. 
Not less than a six-inch by three-inch sign shall be posted in a conspicuous place near each cash register in all retail establishments which sell tobacco products containing the following language:
"A person who sells or offers to sell a tobacco product to a person under 18 years of age shall pay a penalty of up to $1,000 and may be subject to a license suspension or revocation. Proof of age may be required for purchase."
B. 
All signs may reference this article of the Code of the Township of Brick and N.J.S.A. 54:40A-4.1.
It shall be unlawful for a tobacco retailer to sell or permit to be sold tobacco or any cigarette paper 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 tobacco vending machine in the Township of Brick except if the operation of the machine to vend tobacco products is possible only by the activation of an electronic switch or other device which is controlled by the proprietor or employee at or over the age of 18 and only after the proprietor or employee has made the reasonable determination that the person wishing to use the tobacco vending machine is 18 years of age or older.
A. 
Whenever the Health Officer, or his/her designees, or a law enforcement officer reasonably believes there exists a violation of this article, such officer or designee may issue a summons and complaint not later than 60 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 article alleged to have been violated. The complaint shall be delivered personally or sent by certified mail to the alleged violator.
B. 
The Health Officer, designee or law enforcement officer charged with enforcement of this article, 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, designee or law enforcement officer, who may request the assistance of the Brick Township 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 article.
A. 
Unless otherwise provided by law, statute or ordinance, any person violating any of the provisions of this article shall, upon conviction thereof, pay a penalty of not less than $100 nor more than $1,000 for each offense. A complaint shall be made in the Municipal Court or before such other judicial officer having authority under the laws of the State of New Jersey.
B. 
Each sale of tobacco to a minor shall constitute a separate violation. Each day that a tobacco vending machine or self-service tobacco display remains on any premises or tobacco is sold without the required sign shall constitute a separate and distinct offense.
C. 
The Ocean County Health Department may suspend the retail food establishment license of any person convicted of violation of this article for a period of not more than three days, pursuant to the authority of the Health Department to license and regulate food establishments as provided by N.J.S.A. 26:3-31(c).
A certified copy of this article shall be forwarded by the Township Clerk to the following:
A. 
Mayor and Council Members.
B. 
Business Administrator.
C. 
Chief Financial Officer.
D. 
Code Enforcement Officer.
E. 
Chief of Police.
F. 
Township Attorney.
G. 
Ocean County Health Department.