[HISTORY: Adopted by the Board of Health of the Borough of Upper Saddle River 1-17-1995 by Ord. No. 94-1. Amendments noted where applicable.]
Retail food establishments — See Ch. 179.
It shall be unlawful for a tobacco/cigarette retailer to sell or permit to be sold tobacco/cigarettes to any individual without requesting and examining identification from the purchaser positively establishing the purchaser's age as 18 years or greater unless the seller has some other conclusive basis for determining the buyer is over the age of 18 years.
It shall be unlawful to offer for sale or to sell tobacco/cigarettes through a tobacco/cigarette vending machine or from a freestanding or attached display of tobacco/cigarettes in the Borough of Upper Saddle River.
All tobacco/cigarette machines made unlawful by the terms of this chapter shall be removed within 30 days from the effective date of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- BOARD OF HEALTH
- The Board of Health of Upper Saddle River.
- FREESTANDING OR ATTACHED TOBACCO/CIGARETTE DISPLAY
- Any display promotion of tobacco/cigarette products in any area of a store or food establishment not specifically behind a sales counter and within the grasp of the public so as to be self-service.
- HEALTH OFFICER
- The administrative officer of the Upper Saddle River Board of Health and/or his or her authorized representatives.
- An 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.
- TOBACCO RETAILER
- Any person or entity who or which operates a store, stand, booth, concession or place at which sales of tobacco are made to purchasers for consumption or use; also, a person or entity who or which owns, operates or uses a vending machine and/or vending machine location.
- VENDING MACHINE
- Any automated, self-service device which, upon insertion of money, tokens or any form of payment, dispenses cigarettes or other tobacco products in any form.
Whenever the Health Officer or his/her 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 of this chapter alleged to have been violated. The complaint shall be delivered by the police or sent by certified mail to the alleged violator.
The Health Officer or his designee or any other person charged with enforcement of this chapter, after giving proper identification, may inspect any matter, thing, premises, place, person, record, vehicle, incident or event as necessary.
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Health Officer or his designee, who may request the assistance of the Upper Saddle River Police Department or other policy agency or peace officer when necessary to execute his or her official duty in a manner prescribed by law.
Citizens may bring complaints against violators of this chapter through the Health Department or Police Department.
This chapter shall be liberally construed for the protection of the health, safety and welfare of the people of the Borough of Upper Saddle River.
Unless otherwise provided by law, statute or ordinance, any person violating any of the provisions of this chapter shall, upon conviction thereof, pay a fine of $100 for a first offense, $200 for a second offense and $400 for a third and each consecutive offense. Complaint shall be made in Municipal Court of the Borough of Upper Saddle River or before such other judicial officer having authority under the laws of the State of New Jersey.
Defendants may, after reading and understanding the penalties, plead guilty to the charges and, after signing an affidavit, may pay the appropriate fine to the Clerk of the Court, in lieu of a court appearance.
Each sale of tobacco/cigarettes to a minor shall constitute a separate violation.
The Board of Health 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 in addition to a fine, pursuant to the authority of the Board of Health to license and regulate food establishments as provided by N.J.S.A. 26:3-31, Subdivision c.