[HISTORY: Adopted by the Mayor and Council
of the Borough of Sea Bright 5-20-1997 by Ord. No. 59-97. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meaning indicated:
Any member of the Sea Bright Borough Police Department.
Any place licensed by the State of New Jersey to primarily
sell, at retail, beer, wine and/or mixed spirits for consumption on
the premises.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee or any other
legal entity.
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/or other personal consumption use,
including but not limited to 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; shall also mean a person or entity that owns,
operates or uses a vending machine and/or a vending machine location.
Any type of automated self-service device which, upon the
insertion of money, tokens or any other form of currency or payment,
dispenses cigarettes or other tobacco products.
The room, enclosure, space or area where a tobacco vending
machine is installed and operated.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
It shall be unlawful for any person, including a tobacco
retailer, to sell, give or permit to be sold or given to a person
under the age of 21 years of age tobacco in any form.
B.
Sign requirements. A not less than six-inch-by-eight-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: "Sale of tobacco products to minors under
the age of 21 is prohibited by law." Legal proof of age must be shown.
A person who sells or offers to sell a tobacco product to a person
under 21 years of age may be prosecuted in accordance with state and
local ordinance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 positively establishing
the purchaser's age as 21 years or greater, unless the seller has
some other conclusive basis for determining the buyer is over the
age of 21 years.
It shall be unlawful for a tobacco retailer
to offer for sale or to sell any tobacco product through a vending
machine in the Borough of Sea Bright, except in the following instances:
A.
In any premises or portion thereof to which access
by minors is expressly prohibited by law or by the expressed policy
of the owner of the premises, provided that the tobacco vending machine
is:
(1)
Located fully within such premises or section of the
premises from which minors are prohibited.
(2)
Under the visual supervision of the tobacco retailer
or his or her adult employee, so that all purchases from the machine
are readily observable.
(3)
Inaccessible to the public when the business is closed.
B.
In any premises, such as a business, office or other
place where the public is generally not given access and where such
machines are intended for the use of adults, provided that the tobacco
vending machine is:
C.
In any premises or portion thereof where the principal
use is for the retail sale of alcoholic beverages pursuant to the
New Jersey Alcoholic Beverage Contact Act, N.J.S.A. 33:1-1 et seq.,
where access by persons under 21 years of age is prohibited by law,
provided that the tobacco vending machine is:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
In all other instances, locations and places, a tobacco vending machine shall be permitted to operate only if the operation of the machine is possible only by the activation of an electronic switch or other device which is controlled by a proprietor or his or her adult employee and only after the proprietor or employee has made a reasonable determination pursuant to § 190-3 of this chapter that the person wishing to use the tobacco vending machine is 21 years of age or older.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
It shall be unlawful for any tobacco retailer
responsible for the operation of a tobacco vending machine or any
other person to remove, disconnect or otherwise disable or tamper
with the remotely activated electronic switch or device on a tobacco
vending machine.
[Amended 8-5-1997 by Ord. No. 64-97; at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
The sale of rolling papers in any forms and
in any quantity to any person under the age of 21 years is prohibited.
A.
Identification requirements shall be effective immediately
upon final passage and publication according to law.
B.
All required signage must be posted within 30 days
from the effective date of this chapter.
C.
All tobacco vending machines and self-service tobacco
displays made unlawful by the terms of this chapter shall be removed
within 30 days from the effective date of this chapter.
A.
Whenever a law enforcement officer, reasonably believes
there exists a violation of this chapter, such officer 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 chapter alleged to have been violated.
The complaint shall be delivered or sent by certified mail to the
alleged violator.
B.
The law enforcement officer, 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 law enforcement officer
who may request the assistance of the Sea Bright Borough 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 chapter.
A.
Unless otherwise provided by law, statute or ordinance, any person violating any of the provisions of this chapter shall, upon conviction thereof, pay a penalty as provided in Chapter 1, General Provisions, Article I, for each offense. 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.
[Amended 12-15-1998 by Ord. No. 94-98]
B.
Each sale of tobacco and/or rolling papers to a minor
shall constitute a separate violation each day that a tobacco vending
machine violates compliance, a 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 governing body of the Borough of Sea Bright may
suspend the retail food establishment license of any person convicted
of violation of this chapter for a period of not more than three days
pursuant to the authority of the Borough to license and regulate food
establishments as provided by N.J.S.A. 26:3-31c.
D.
As an alternative or in addition to the provision of Subsection A of this section, any tobacco vending machine which is not permitted under this chapter may be seized, forfeited and disposed of in the same manner as other unlawful property seized pursuant to N.J.S.A. 2C:64-1 et seq within 60 days of such seizure. Any machine so seized shall be returned to its owner upon payment of the reasonable costs incurred in connection with the seizure. After 60 days, the machine shall become the property of the Borough and may be disposed of accordingly.
