[HISTORY: Adopted by the governing body of the Township of Little
Falls by Ord. No. 878 (Sec. 3-15 of the 1995 Revised General Ordinances).
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
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.
The Little Falls Township Health Department and herein referred to
as the "Department."
The administrative officer of the Little Falls Township Health Department
and/or his or her authorized representatives.
An individual, partnership, cooperative association, corporation,
personal representative, receiver, trustee, assignee, or any other legal entity.
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.
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. "Tobacco retailer" 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 cigarette or other tobacco
products.
The room enclosure, space or area where a tobacco vending machine
is installed and operated.
A.
It shall be unlawful to sell or distribute tobacco to,
or for the benefit of, a person under 18 years of age.
B.
Sign requirements. The following six-inch-by-three-inch
sign in bold letters at least 1/4 inch high shall be conspicuously posted
at the point of display of tobacco products and at the point of sale. The
sign shall read as follows:
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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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"A person who sells, distributes, or offers to sell a tobacco product
to a person less than 18 years of age may be prosecuted in accordance with
state and local ordinances."
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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.
A.
Whenever the Health 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.
B.
The Health Officer, or his designee, or any other person
charged with enforcement of this chapter, after giving proper identification,
may inspect any matter, thing, premises, place, person, record, vehicle, incident,
or event as may be consistent with state and/or federal law.
C.
It shall be unlawful for any person to interfere or otherwise
obstruct the Health Officer, or his designee, who may request the assistance
of the Little Falls Township Police Department, where necessary to execute
his or her official duty in a manner prescribed by law.
A.
Penalties for the sale and distribution of tobacco to
persons under the age of 18 shall be as defined in N.J.S.A. 2A:170-51.4 (L.
2000, c. 87) as same may be amended from time to time.
B.
Persons violating all other subsections of this section
unless otherwise provided by law, statute or ordinance, shall upon conviction
thereof, pay a penalty of not less than $100 nor more than $1,000 for each
offense. Complaints shall be made in the Municipal Court of Little Falls Township
or before such other judicial officer having authority under the laws of the
State of New Jersey.
C.
Each sale or distribution of tobacco to a minor shall
constitute a separate violation and each other violation of this section shall
constitute a separate violation.
