[Added 11-1-1994 by Ord. No. 5705-94[1]]
[1]
Editor's Note: This ordinance also provided
that it shall take effect 1-1-1995.
The purpose of this article is to serve in the
prevention of the sale of cigarettes to minors as prohibited by N.J.S.A.
2A:170-51. It has been recognized that minors continue to purchase
and use tobacco products from both retail over-the-counter sales and
from cigarette vending machines. Therefore, a substantial and legitimate
public purpose exists for the City of Clifton to act in the interests
of the promotion and protection of the health, safety and welfare
of its inhabitants, especially minors, by proscribing accessibility
of tobacco products to minors.
It shall be unlawful for any person or entity
who or which operates any location within the City of Clifton where
sales of tobacco products are made to offer for sale or to sell any
tobacco product through a vending machine 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 reasonable determination that the person wishing to use
the tobacco vending machine is 18 years of age or older. In addition,
all cigarette 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.
It shall be unlawful for any tobacco retailer
responsible for the operation of a tobacco vending machine to remove,
disconnect or otherwise disable or permit another person to remove,
disconnect or otherwise disable the remotely activated electronic
switch or device on a tobacco vending machine at any location within
the City of Clifton.
A tobacco vending machine which is not permitted
under this article may be seized, forfeited and disposed of in the
same manner as other unlawful property seized under N.J.S.A. 2C:64-1
et seq. Any machine so seized shall be returned to its owner upon
payment of the reasonable costs incurred in connection with the seizure
and any fine imposed by the Municipal Court.
[Added 9-7-1999 by Ord. No. 60-86-99[1]]
It shall be unlawful for any business proprietor,
manager or other person in charge or control of a retail business
of any kind to use a self-service display of tobacco products to stock
a tobacco product in any way which allows a customer access to such
tobacco product without first securing the physical assistance of
an adult business employee for each transaction.
