As used in this chapter, the following terms shall have the meanings
indicated:
BAR
Any place licensed by the State of New Jersey to primarily sell at
retail beer, wine, mixed spirit drinks and spirits for consumption on the
premises.
HEALTH DEPARTMENT
The Little Falls Township Health Department and herein referred to
as the "Department."
HEALTH OFFICER
The administrative officer of the Little Falls Township Health Department
and/or his or her authorized representatives.
PERSON
An individual, partnership, cooperative association, corporation,
personal representative, receiver, trustee, assignee, or any other legal entity.
TAVERN
Any place licensed by the State of New Jersey to primarily sell at
retail beer, wine, mixed spirit drinks and spirits for consumption on the
premises.
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. "Tobacco retailer" 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 cigarette or other tobacco
products.
It shall be unlawful for a tobacco retailer to sell or permit to be
sold tobacco to any individual without requesting and examining identification
from the purchaser conclusively 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.
As the Township of Little Falls seeks to control the sale of tobacco products to persons under the age of 18 years of age, it shall be unlawful for any persons or entity to dispense, sell or offer for sale cigarettes, cigars, or other tobacco products from mechanical vending machines from any location except where the operation is possible only by the activation of an electronic switch or other device, which is controlled by the tobacco retailer or his designated adult employee, and only after the tobacco retailer or his adult employee has made a determination that the person wishing to use the vending machine is 18 years of age or older in accordance with §
245-3 hereinabove. In addition, all mechanical tobacco vending machines shall be under the visual supervision of the tobacco retailer and/or his or her adult employee, so that purchases from the machine are readily observable by the retailer or his or her adult employee. The electronic switch or other device when activated shall be so designed to allow for the purchase of only one item within a thirty-second period after which the machine will automatically disengage so as to allow no further purchase.
All tobacco vending machines made unlawful by the terms of this chapter
shall be removed within 30 days from the effective date of this article.