[HISTORY: Adopted by the Township Committee of the Township of Colts
Neck: Art. I, 6-12-1996. Amendments noted where applicable.]
[Adopted 6-12-1996]
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:
The Health Officer of the Township of Colts Neck.
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.
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.
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.
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:
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"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.
A.
It shall be unlawful to offer for sale or to sell tobacco
through a tobacco vending machine in the Township of Colts Neck.
B.
Self-service tobacco displays are prohibited in all retail
establishments.
C.
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.
A.
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.
B.
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.
C.
Citizens may bring complaints against violators of this
article.
A.
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.
[Amended 3-8-2006]
B.
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.
C.
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).
