[Adopted 8-10-1999 by Ord. No. 955-99]
As used in this article, the following terms shall have the meanings
indicated:
The Ocean County Health Department and may be referred to herein
this article as the "Department."
The Administrative Officer of the Ocean County Health Department.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee or any other legal entity.
Any member of the Brick Township Police Department or any other municipal
Police Department or the New Jersey State Police.
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.
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 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.
Any automated, self-service device which, upon insertion of money,
tokens or any other form of payment, dispenses cigarettes or other tobacco
products.
It shall be unlawful to sell tobacco to a person under 18 years of age.
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:
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"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."
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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.
All tobacco vending machines and self-service tobacco displays made
unlawful by the terms of this article shall be removed within 30 days from
the effective date of this article.
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.
This article shall be liberally construed for the health, safety, and
welfare of the people of the Township of Brick.
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).
