The Township Committee of the Township of Colts Neck has found and determined
as follows:
A. That the Surgeon General of the United States has called
for a ban on the sale of cigarettes by vending machines;
B. 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;
C. 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
D. 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:
PERSON
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.
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; 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:
"SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 18 IS PROHIBITED
BY LAW. Legal proof of age must be shown. A person who sells or offers to
sell a tobacco product to a person under 18 years of age may be prosecuted
in accordance with State and Local Ordinances."
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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.
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.