[HISTORY: Adopted by the Township Committee of the Township of Colts Neck: Art. I, 6-12-1996. Amendments noted where applicable.]
The Township Committee of the Township of Colts Neck has found and determined as follows:
That the Surgeon General of the United States has called for a ban on the sale of cigarettes by vending machines;
That the State of New Jersey has banned the sale or furnishings of cigarettes or tobacco in any form to minors under N.J.S.A. 2A-170-51;
That substantial evidence exists that despite such law, minors continue to purchase and use tobacco products from retail over-the-counter sources and from cigarette vending machines; and
That the Township Committee of the Township of Colts Neck is authorized to enact ordinances not contrary to the laws of this State or of the United States as it may deem necessary and proper for the protection of the persons and for the preservation of the public health, safety and welfare of the Township of Colts Neck and its inhabitants.
As used in this article, the following terms shall have the meanings indicated:
- HEALTH OFFICER
- The Health Officer of the Township of Colts Neck.
- LAW ENFORCEMENT 0FFICER
- Any member of the Township of Colts Neck Police Department.
- An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
- SELF-SERVICE DISPLAYS
- Any racks, stands or other display devices from which a customer may take tobacco products directly with only payment to be made to the tobacco retailer.
- 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; shall also mean a person of 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.
Not less than a six-inch-by-eight-inch sign shall be posted in a conspicuous place near each cash register in all retail establishments which sell tobacco products containing the following language:
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 as 18 years or greater, unless the seller has some other conclusive basis for determining that the buyer is over the age of 18 years.
It shall be unlawful to offer for sale or to sell tobacco through a tobacco vending machine in the Township of Colts Neck.
Self-service tobacco displays are prohibited in all retail establishments.
The sale of rolling papers in any form and in any quantity to any person under the age of 18 years is prohibited.
All tobacco vending machines and self-service tobacco displays made unlawful by the terms of this article shall be removed within 30 days from the effective date of this article.
The Health Officer, his or her designee or a law enforcement officer charged with enforcement of this article, after giving proper identification, may inspect any matter, thing, premise, 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, his or her designee or any law enforcement officer, who may request the assistance of the Township of Colts Neck Police Department, or other police 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 article.
Unless otherwise provided by law, statute or ordinance, any person violating any of the provisions of this article shall be punishable as provided in § 1-9 of this Code.
Each sale of tobacco and/or rolling papers to a minor shall constitute a separate violation. Each day that a tobacco vending machine or self-service tobacco display remains on any premises or tobacco is sold without the required sign shall constitute a separate and distinct offense.
The Board of Health of the Township of Colts Neck may suspend the retail food establishment license of any person convicted of violations of this article, pursuant to the authority of the Health Department to license and regulate food establishments as provided by N.J.S.A. 26:3-31(c).