It shall be unlawful to sell tobacco/cigarettes to a person under 18
years of age.
It shall be unlawful for a tobacco/cigarette retailer to sell or permit
to be sold tobacco/cigarettes to any individual without requesting and examining
identification from the purchaser's age as 18 years or greater unless
the seller has some conclusive basis for determining the buyer is over the
age of 18 years.
It shall be unlawful to offer for sale or to sell tobacco/cigarettes
through a tobacco/cigarette machine or from a freestanding or attached display
of tobacco/cigarettes in the Borough of Palisades Park. All tobacco must be
dispensed to the customer by the clerk from inventory that is behind the counter
and out of the grasp of the public.
All tobacco/cigarette machines made unlawful by the terms of this chapter
shall be removed within 30 days from the effective date of this chapter; provided,
however, nothing herein contained shall be construed to permit the use or
installation of any cigarette vending machine made unlawful pursuant to Ordinance
No. 96-6 of the Board of Health.
As used in this chapter, the following terms shall have the meanings
indicated:
FREESTANDING OR ATTACHED TOBACCO/CIGARETTE DISPLAY
Any display rack or other promotion containing tobacco/cigarette
products in any area of any store, food establishment, or other premises,
not specifically behind a sales counter and not outside of the grasp of the
public, so as to be self-service.
HEALTH OFFICER
The Administrative Officer of the Palisades Park Board of Health
and/or his or her authorized representatives.
PERSON
Any individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee or any other legal entity.
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 retail dealer, person or entity that operates a store, stand,
booth concession, cigarette vending machine, tobacco/cigarette machine, freestanding
or attached tobacco/cigarette display or place from which sales of tobacco
are made to purchasers for consumption or use.
VENDING MACHINES OR TOBACCO/CIGARETTE MACHINES
Any automated machine or device which dispenses cigarettes or other
tobacco products in any form, regardless of whether same is operated or activated
through remote control device or with or without the insertion of money, token
or other form of payment.
This chapter repeals and replaces in its entirety Palisades Park Board
of Health Ordinance No. 96-6, said repeal to be effective upon the effective
date of this chapter, provided, however, nothing contained in this chapter
or the repeal of Ordinance No. 96-6 shall authorize or allow as of the effective
date of this chapter the installation, use, or maintenance of any cigarette
vending machine rendered unlawful pursuant to Ordinance No. 96-6.