City of Passaic, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Passaic as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-14-2000 by Ord. No. 1503-00]
As used in this article, the following terms shall have the meanings indicated:
HEALTH OFFICER
The administrative officer of the Passaic Health Department and/or his or her authorized representatives.
LICENSED PREMISES
Any place licensed by the State of New Jersey to primarily sell at retail beer, wine and mixed spirits for consumption on the premises.
PERSON
An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
TOBACCO
Any product made from 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 and shall mean a person or entity that owns or operates 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.
[Amended 5-16-2006 by Ord. No. 1687-06]
It shall be unlawful for anyone, including a tobacco retailer, to sell, give or permit to be sold or given to a person under 19 years of age tobacco in any form.
[Amended 5-16-2006 by Ord. No. 1687-06]
It shall be unlawful for a tobacco retailer to sell or permit tobacco products to be sold to any individual under the age of 18 years unless the seller has a reasonable basis for determining that the buyer is of legal age (19 or over).
[Amended 5-16-2006 by Ord. No. 1687-06]
It shall be unlawful for any tobacco retailer to allow, suffer or permit the sale of tobacco products on his or her premises by any person under the age of 19 years.
It shall be unlawful for tobacco retailer to offer for sale or to sell any tobacco product through a vending machine in this municipality except in the following instances:
A. 
Commercial buildings or industrial plants, or portions thereof, where the public is generally not given access and where such machines are intended for the use of the adult employees therein or other adults, provided that the tobacco vending machine is:
(1) 
Located within the immediate vicinity of a responsible employee of 19 years of age or older; and
[Amended 5-16-2006 by Ord. No. 1687-06]
(2) 
Not located in a coat room, rest room, waiting area or similar unmonitored area and is inaccessible to the public when the establishment is closed.
B. 
In all other instances, locations and places, a tobacco vending machine shall be permitted to be operated only if:
(1) 
The operation of the machine to vend tobacco products 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 the reasonable determination that the person wishing to use the tobacco vending machine is 19 years of age or older.
[Amended 5-16-2006 by Ord. No. 1687-06]
It shall be unlawful for any tobacco retailer responsible for the operation of a tobacco vending machine to remove, disconnect or otherwise disable the remotely activated electronic switch or device on a tobacco vending machine in a location where § 283-5 of this article provides for a vending machine to be so equipped.
[Amended 4-6-2009 by Ord. No. 1794-09]
A. 
Unless otherwise provided by law, statute or ordinance, any person charged with violating any section of this article shall, upon conviction thereof, pay a penalty of not less than $250 or more than $500 for each offense.
B. 
Each sale of tobacco to a minor shall constitute a separate offense.
C. 
The municipal court of this municipality, in addition to the monetary penalties described herein, shall give notice of the penalties imposed to the City Health Officer, of a food establishment which has been found guilty of violation of this article. The City Health Officer shall take action to suspend the food license of any person or entity convicted of a second or subsequent violation of this article within any two-year period, for not more than one day, and for not more than three days for any third or subsequent offense. Notice of the hearing on the license suspension shall be given by the Health Officer to the food establishments, which shall surrender their food establishment licenses to the Health Officer during the time of the license suspension. Procedures to suspend a food license shall be in accordance with § 149-42 of the Code of the City of Passaic.
D. 
Following a second or subsequent offense, upon recommendation of the City and following a hearing to be held before a hearing officer to be determined by the Business Administrator for the City of Passaic, the Department of Treasury may suspend or revoke the state tobacco sales license of the violating merchant.
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.
A. 
Whenever the Health Officer, or his/her designee, or any police officer reasonably believes there exists a violation of this article, he/she 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 by nature of the violation, including reference to the section of this article alleged to have been violated. The complaint may be personally delivered or may be sent by certified mail and regular mail to the alleged violator.
B. 
The Health Officer, or his designee, or any other person charged with enforcement of the article, after giving proper identification, may inspect any matter, material, premises or place as may be necessary for the proper enforcement hereof.
C. 
It shall be unlawful for any reason to oppose or otherwise obstruct the Health Officer, or his designee, in the performance of duties herein, and they may request the assistance of a law enforcement agency or police officer when necessary to execute his or her official duty in a manner prescribed by law.
[Added 5-16-2006 by Ord. No. 1687-06]
The sale or distribution of single cigarettes or any tobacco product in any form other than an original factory wrapped package is prohibited. It shall be unlawful for any person, including the tobacco retailer, to permit the sale or cause to be sold or cause to be distributed any cigarette package containing fewer than 20 cigarettes unless the package is manufactured with a different number of cigarettes.
[Added 4-6-2009 by Ord. No. 1794-09]
A. 
No person, either directly or indirectly by an agent or employee, or by a vending machine owned by the person or located in the person’s establishment, shall sell, offer for sale, distribute for commercial purpose at no cost or minimal cost, or with coupons or with rebate offers, give or furnish, to a person a cigarette, or any component thereof, which contains a natural or artificial constituent or additive that causes the cigarette or any smoke emanating from that product to have a characterizing flavor other than tobacco, clove, or menthol. In no event shall a cigarette or any component part thereof be construed to have a characterizing flavor based solely on the use of additives or flavorings, or the provision of an ingredient list made available by any means.
B. 
A characterizing flavor other than tobacco, clove or menthol means that the cigarette or any smoke emanating from that product imparts a distinguishable flavor, taste or aroma other than tobacco, clover or menthol prior to or during consumption, including, but not limited to, any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb or spice flavoring.