[Adopted 7-9-1996 by Ord. No. 1254]
A. 
The Galloway Township Council hereby finds and declares that:
(1) 
The Surgeon General of the United States has identified cigarette smoking as the single most important preventable cause of premature morbidity and mortality.
(2) 
Medical and scientific evidence demonstrates that tobacco usage is addictive and causes serious health problems.
(3) 
The Surgeon General of the United States has concluded that cigarettes and other forms of tobacco are addictive in the same sense as are drugs such as heroin and cocaine.
(4) 
The Director of the National Institute on Drug Abuse has concluded that the majority of the 390,000 Americans who die each year from cigarette smoking became addicted to nicotine as adolescents before the age of legal consent.
(5) 
The selling, giving, or furnishing of tobacco products to persons under the age of 18 years is prohibited in New Jersey by N.J.S.A. 2A:170-51.
(6) 
A significant number of children under the legal age to purchase tobacco are still able to do so either directly or through vending machines.
B. 
This smoking chapter is hereby adopted to safeguard the public health by declaring smoking, in general, to be a public nuisance and public health problem; by prohibiting the sale of tobacco to minors; and by restricting the location of tobacco vending machines so as to limit access by minors.
A. 
Interpretation. When not inconsistent with the context, words used in the present tense include the future, words used in the singular number include the plural number, and words used in the plural number shall include the singular. The word "shall" is mandatory, and not merely discretionary. Words, terms of expressions not denied herein shall be interpreted in the manner of their commonly accepted meaning.
B. 
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.
CODE ENFORCEMENT OFFICER
Any person employed by the Township of Galloway in the capacity of enforcing the laws of the State of New Jersey and the ordinances of the Township of Galloway. This would include but not be limited to all sworn members of the Galloway Township Police Department.
COUNTY HEALTH DEPARTMENT
The Atlantic County Division of Public Health.
PERSON
An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
RESTAURANT
Any place licensed by the Township of Galloway to sell food at retail.
SELF-SERVICE CIGARETTE or TOBACCO PRODUCT DISPLAY
Any shelving or storing of cigarettes in an area of the establishment to which customers have access and/or in a location where a customer could reach the cigarettes or tobacco products and take same without the assistance of an employee of the establishment.
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 cigarettes or other tobacco products.
VENDING MACHINE LOCATION
The room, enclosure, space or area where a tobacco vending machine is installed and operated.
A. 
Prohibition of tobacco sales to minors. It shall be unlawful for tobacco retailers to sell tobacco to a person under 21 years of age.
[Amended 2-12-2019 by Ord. No. 2002-2019]
B. 
Identification required. 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 of 21 years or greater, unless the seller has some other conclusive basis for determining the buyer is over the age of 21 years.
[Amended 2-12-2019 by Ord. No. 2002-2019]
C. 
Prohibition of vending machine sales. It shall be unlawful for a tobacco retailer to possess a vending machine and/or to offer for sale or to sell tobacco through a vending machine in Galloway Township; provided that this section shall not prohibit the installation and use of tobacco vending machines by a tobacco retailer in:
(1) 
Any premises or portion thereof to which access by minors is expressly prohibited by law or by policy of the owner of the premises; provided, however, that the tobacco vending machine is:
(a) 
Located fully within such premises, or section of premises, from which minors are prohibited; and
(b) 
Not less than 20 feet distant from all entrance and/or exit ways. If 20 feet will not serve the purpose of limiting access by minors to the vending machine, said vending machine shall be placed in a location to be approved by the Code Enforcement Officer, or his designee, that is sufficiently restrictive so as to limit access by minors; and
(c) 
In a location that is under the direct visual supervision of the tobacco retailer or his/her adult employee during the hours the machine is accessible to the public.
(2) 
Commercial buildings or industrial plants or portions thereof where the public is expressly prohibited and where such machines are strictly for the use of the employees therein; provided that the area must be designated as not open to the public and where no minor employees are admitted.
(3) 
A restaurant, tavern or bar; provided that:
(a) 
The tobacco vending machine is located fully within such premises; and
(b) 
Said vending machine is not less than 20 feet from all entrance and/or exit ways. If 20 feet will not serve the purpose of limiting access by minors to the vending machine, said vending machine shall be placed in a location to be approved by the Code Enforcement Officer or his designee; and
(c) 
Said vending machine is in a location that is under the direct visual supervision of the tobacco retailer or his/her adult employee during the hours the machine is accessible to the public.
D. 
All tobacco vending machines made unlawful by the terms of this chapter shall be removed within 30 days from the effective date of this chapter.
A. 
Complaint. Whenever the Code Enforcement Officer, or his designee, reasonably believes that there exists a violation of this chapter, he/she may issue a summons and complaint not later than 90 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 or subsection of this chapter alleged to have been violated. The complaint shall be delivered or sent by certified mail to the alleged violator.
B. 
Right of entry and inspection.
(1) 
The Code Enforcement Officer, or his designee, or any other person charged with the enforcement of this chapter, after giving proper identification, may inspect any matter, thing, premises, place, record, vehicle, incident or event as necessary.
(2) 
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Code Enforcement Officer, or his designee, or any other person charged with enforcement of this chapter during the routine performance of his or her duties.
(3) 
The Code Enforcement Officer, or his designee, may request the assistance of the Galloway Township Police Department or other police agency or peace officer when necessary to execute his or her official duty in a manner prescribed by law.
A. 
This chapter is supplemental to revised ordinances of the Council of the Township of Galloway, as supplemented and amended, and to all other statutes duly enacted by the Congress of the United States of America, the State of New Jersey, and the Ordinances of the County of Atlantic relating to public health, safety and welfare. If the provisions of any federal or state statute or county ordinance shall be in conflict with this chapter, then the provisions of the federal or state statute or county ordinance shall prevail unless otherwise provided by law. In the event that any local ordinance or administrative regulation shall also apply, the more restrictive of them shall apply.
[Amended 8-12-1997 by Ord. No. 1312]
B. 
This chapter shall be liberally construed for the protection of the health, safety, and welfare of the people of Galloway Township.
The Code Enforcement Officer, or his designee, is hereby granted the authority to establish policies and guidelines, not in conflict with the purpose and intent of this chapter, for the purpose of carrying out the responsibilities herein delegated to the Code Enforcement Officer by law. These policies and procedures are subject to review by the Township Manager.
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 of not more than $2,000, imprisonment for not more than 90 days and/or a period of community service for not more than 90 days each offense. Complaint shall be made in the Municipal Court of the Township of Galloway or before such other judicial officer having authority under the laws of the State of New Jersey. In addition, the Court shall have the power to impose other penalties provided by N.J.S.A. 26:3-77 and N.J.S.A. 26:3-78.
[Amended 6-28-2005 by Ord. No. 1609; 12-13-2016 by Ord. No. 1951-2016]
B. 
Each sale of tobacco to a minor shall constitute a separate violation.
The Township of Galloway and the Atlantic County Health Department specifically reserve and retain the right to pursue all other legal and equitable remedies in order to fully enforce the provisions of this chapter as they pertain to the health, safety and welfare of the people of Galloway Township.