[HISTORY: Derived from Sec. 29-9 of the 1999 Code of the Township of Clinton. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- BOARD OF HEALTH
- The Township of Clinton Board of Health and may be referred to in this chapter as the "Board of Health," "department" or "board."
- HEALTH OFFICER
- The Administrative Officer of the Township of Clinton Board of Health, or his authorized representatives.
- An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
- RETAIL ESTABLISHMENT
- Any place or business that sells to the public at retail.
- SELF-SERVICE DISPLAY
- Any display of any type of tobacco product from which a person can directly purchase the product without help of any type from sales personnel.
- Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling or 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 or entity that owns, operates and uses a vending machine and/or a vending machine location.
- VENDING MACHINE
- Any automated or self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarette or other tobacco products.
- VENDING MACHINE LOCATION
- The room, enclosure, space or area where a tobacco vending machine is installed and operated.
It shall be unlawful to sell or furnish cigarettes or tobacco in any form to a person under 18 years of age.
It shall be unlawful for a tobacco retailer to sell or permit to be sold tobacco to any individual without first requesting and examining identification from the purchaser positively establishing the purchaser's age as 18 years or greater.
The following 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:
All tobacco vending machines and self-service displays made unlawful by the terms of this chapter shall be removed within 30 days from the effective date of this chapter.
Whenever the Health Officer, or his designee, reasonably believes there exists a violation of this chapter, he may issue a summons and complaint not later than 90 days after discovery of the alleged violation. The complaint shall be written and shall state with reasonable particularity the nature of the violation, including reference to the section and subsection of this chapter alleged to have been violated. The complaint shall be delivered or sent by certified mail to the alleged violator.
The Health Officer, or his designee, or any other person charged with enforcement of this chapter, after giving proper identification, may inspect any matter, thing, premises, 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, or his designee, who may request the assistance of the Clinton Township Police Department, or other police agency or peace officer when necessary to execute his official duty in a manner prescribed by law.
Citizens may bring complaints against violators of this chapter.
This chapter shall be liberally construed for the protection of the health, safety, and welfare of the people of Clinton Township.
Unless otherwise provided by law, statute or ordinance, any person violating any of the provisions of this chapter shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-17. Complaint shall be made in the North Hunterdon Municipal Court or before such other judicial officer having authority under the laws of the State of New Jersey.
Each sale of tobacco to a minor shall constitute a separate violation.
Board of Health may suspend the retail food establishment license of any person convicted of violation of this chapter, for a period of no more than three days, pursuant to the authority of the Health Commission to license and regulate food establishments as provided by N.J.S.A. 26:3-31(c).