[HISTORY: Adopted by the City Council of the City of Paterson 3-28-1995 as Ord. No. 95-019. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- GOVERNMENT BUILDING
- A building or portion of a building owned or leased by a government entity.
- MECHANICAL VENDING MACHINE
- A device which, upon the insertion of a coin, paper money, slug or token into any slot or receptacle attached to said machine or device or connected therewith, or which by remote control, mechanical or manual means, dispenses cigarettes, cigars or other tobacco products.
- TOBACCO RETAILER
- An individual or entity who or which owns, leases or otherwise exercises control over mechanical vending machines which dispense tobacco products.
Within three hundred (300) feet of school property. It shall be unlawful for any person or entity to dispense, sell or offer for sale cigarettes, cigars or other tobacco products from mechanical vending machines located within three hundred (300) feet of property used for school purposes which is owned by or leased to any elementary or secondary school, school board or district.
Government buildings. It shall be unlawful for any person or entity to dispense, sell or offer for sale cigarettes, cigars or other tobacco products from mechanical vending machines located within any government building as defined herein.
Locking devices for other machines. It shall be unlawful for any person 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 reasonable determination that the person wishing to use the vending machine is eighteen (18) years of age or older. In addition, all mechanical 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 person or entity 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 mechanical vending machine at any location within the City of Paterson.
If a police officer of the City of Paterson Police Division, an inspector or officer of the Division of Health or Licensing or any law enforcement officer within the authority to act within this jurisdiction shall have probable cause to believe that a mechanical vending machine is being used for the sale or distribution of cigarettes, cigars or other tobacco products, in contravention of this chapter, such device may be seized, removed from the premises and impounded by such individuals or other designated agent or authorized personnel. Said device shall not be released until proper ownership documents are presented together with a removal/storage fee of not less than two hundred fifty dollars ($250.) per device seized, together with any and all fines imposed by the Municipal Court.
If no person asserts a claim for return of a vending machine seized under this chapter within six (6) months from the date of its seizure, said vending machine may be disposed of pursuant to N.J.S.A. 40A:14-157 et seq.
Any person or entity violating this chapter shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.), by imprisonment for a term not to exceed ninety (90) days, or both. A separate offense shall be deemed committed for each machine and on each day during or on which a violation occurs or continues.
Any person or entity who or which owns or possesses a cigarette vending machine shall have sixty (60) days from the effective date of this chapter to remove the machines from locations within three hundred (300) feet of school property and from any government building as set forth above, and as to all other machines, to bring them into compliance with the electronic locking devices as set forth above.