[Ord. No. 2-2018]
The purpose of this article is to prohibit the sale of tobacco
to minors. The Township of Wayne recognizes the dangers and health
risks associated with teenagers and young persons who start smoking,
as set forth in various studies conducted by the United States Department
of Health, the American Cancer Society and surveys conducted by other
entities. It has been concluded that it is appropriate to prohibit
the sale of tobacco and nicotine products within the Township of Wayne
to persons under the age of 21.
[Ord. No. 2-2018]
As used in this article, the following terms shall have the
meanings indicated:
The Township of Wayne Health Department.
The Wayne Township Health Officer and/or his or her authorized
representative.
Any product that is designed to deliver nicotine or vapor,
including, but not limited to, what are commonly known as "e-cigarettes"
or other types of electronic smoking devices, or any cartridge or
other component of such device, or related products including, but
not limited to any substances used in such devices, such as liquids
or powders or other forms of tobacco, but excluding United States
Food and Drug Administration approved nicotine patches or nicotine
chewing gum.
Any individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee, or any other
legal entity.
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 as which sales of tobacco or nicotine delivery
product are made to purchasers for consumption or use. The term shall
also mean any person or entity that owns, operates or uses a tobacco
vending machine and/or a tobacco vending machine location.
[Ord. No. 2-2018]
A.
No person shall sell tobacco or nicotine delivery products in the
Township of Wayne unless an employee of the establishment controls
the sale of such products. A person may only sell tobacco or nicotine
delivery products in a direct, face-to-face, exchange between the
retailer and the consumer. Self-service displays and vending machines
of tobacco or nicotine delivery products shall be prohibited.
B.
No person shall sell, distribute, or give tobacco or nicotine delivery
products to any person under the age of 21 years.
C.
Tobacco retailers shall conspicuously post and reasonably maintain
signs having a minimum size of 6 inches by 8 inches where tobacco
or nicotine delivery products are displayed and at all check-out counters
notifying customers that proof of age is required to purchase tobacco
or nicotine delivery products.
D.
Any person selling tobacco or nicotine delivery products shall verify
by means of government-issued photographic identification containing
the bearer's date of birth that no person purchasing the tobacco or
nicotine containing products is younger than 21 years of age. No such
verification is required for any person over the age of 26. No clerk
shall sell tobacco or nicotine delivery products to a person less
than 21 years of age who has a note or any form of communication from
any person, including an adult.
[Ord. No. 2-2018]
A.
The enforcement authority for this article shall be the Wayne Township
Health Officer or his/her designee.
B.
The Health Officer may, after giving proper identification, inspect
any matter, thing, premises, place, person, record, vehicle, incident,
or event as necessary to execute his or her official duties in a manner
prescribed by law.
C.
It shall be unlawful for any person to molest, willfully oppose,
verbally abuse or otherwise obstruct the Health Officer in his or
her enforcement of this chapter, and the Health Officer may request
the assistance of the Wayne Police Department or other police agency
or peace officer when necessary to execute his or her official duties
in a manner prescribed by law.
D.
It shall be lawful for any member of the Township Health Department,
the Health Officer, Health Inspectors or any person acting under and
by the authority of the Township Health Department to enter in and
upon any premises within the Township in the exercise of the powers
or in the fulfillment of its or their duties conferred or imposed
by law or Township ordinance and the rules and regulations thereunder.
Any person hindering, obstructing, delaying, resisting, preventing
or interfering with such right of access shall be deemed to violate
the provisions of this article.
E.
Citizens may bring complaints against violators of this chapter.
[Ord. No. 2-2018]
A.
Each sale of tobacco and or nicotine delivery product to any person
under the age of 21 shall constitute a separate violation.
B.
In addition to the penalties set forth in Section 90-36, the Wayne Health Department may suspend the Retail Food Establishment License of any person convicted of a violation of this chapter pursuant to the authority of the Health Department to license and regulate retail food establishments as provided by N.J.S.A. 26:3-31(c).
