[HISTORY: Adopted by the Township Committee of the Township of Freehold
by Ord. No. O-95-35 (§ 6-21 of the Revised General
Ordinances). Amendments noted where applicable.]
The Township Committee makes the following findings:
A.
The Surgeon General of the United States has called for
a ban on the sale of cigarettes by vending machines.
B.
The State of New Jersey has banned the sale or furnishing
of cigarettes or tobacco in any form to minors under N.J.S.A. 2C:33-13.1.
C.
The Township is unable to prevent the sale of cigarettes
to minors by vending machines and no penalty has been imposed by state statute
upon minors for the purchase of cigarettes.
D.
The Township 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 persons and for the preservation of public
health, safety and welfare of the Township and its inhabitants.
E.
There exists within the Township of Freehold numerous
cigarette vending machines which provide the largely uncontrolled opportunity
for the purchase of cigarettes by minors.
F.
In a fact sheet published by the U.S. Department of Health
and Human Services under date of August 10, 1995, the Department reviews the
facts concerning the plague of cigarette smoking by children and calls for
the elimination of cigarette vending machines.
All cigarette vending machines are hereby prohibited in the Township.
Any person owning, operating, renting or permitting the use of a cigarette vending machine on premises under his or her control shall be subject to the penalties in Chapter 1, Article II, General Penalty. Each day on which such a machine is owned, operated, rented or permitted on the premises shall result in an additional fine.
