[HISTORY: Adopted by the Board of Health of the Borough of Hopatcong
8-8-2001 by Ord. No. 17-2001. Amendments noted where applicable.]
As used in this chapter, the following terms will have the meanings
indicated:
The Board of Health as and for the Borough of Hopatcong.
The Borough of Hopatcong Department of Health.
The appointed Health Officer for the Borough of Hopatcong and/or
his or her authorized representative.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee or any other legal entity.
Any shelving or storing of cigarettes in an area of the establishment
to which customers have access and/or in a location where a customer could
reach the cigarettes or tobacco products and take the same without the assistance
of an employee of the establishment.
Any product made from the tobacco plant for the purpose of smoking,
chewing, handling or other personal use, including but not limited to cigars,
chewing tobacco, pipe tobacco. snuff and cigarettes in any form.
Any automated, self-service device which, upon insertion of money,
tokens or any other form of payment, dispenses cigarettes or other tobacco
products.
It is unlawful to sell tobacco to a person under 18 years of age in
the Borough of Hopatcong.
The following six-inch-by-eight-sign shall be posted in a conspicuous
place near each cash register in all establishments which sell tobacco products
in the Borough of Hopatcong:
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SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF EIGHTEEN PROHIBITED
BY LAW. LEGAL PROOF OF AGE MUST BE SHOWN IN ORDER TO PURCHASE TOBACCO PRODUCTS.
A PERSON WHO SELLS OR OFFERS TO SELL A TOBACCO PRODUCT TO A PERSON UNDER EIGHTEEN
YEARS OF AGE MAY BE PROSECUTED IN ACCORDANCE WITH NEW JERSEY STATE STATUTES
AND THE ORDINANCES OF THE BOROUGH OF HOPATCONG.
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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 of 18 years
or greater, unless the seller has some other conclusive basis for determining
the buyer is over the age of 18 years.
Tobacco vending machines are prohibited, and it shall be unlawful to
offer for sale or to sell tobacco through a tobacco vending machine in the
Borough of Hopatcong.
All tobacco vending machines made unlawful by the terms of this chapter
shall be removed within 30 days from the effective date of this chapter.
Self-service cigarette or tobacco product displays are prohibited, and
it shall be unlawful to offer for sale or to sell cigarettes or tobacco products
from a self-service display of cigarettes or tobacco products in the Borough
of Hopatcong.
Any self-service cigarette or tobacco product displays made unlawful
by the terms of this chapter shall be removed within 30 says from the effective
date of this chapter.
A.Â
If the Health Officer or his/her designee reasonably
believes there exists a violation of this chapter, he/she may issue a summons
and complaint not later than 90 days after discovery of the alleged violation.
A complaint shall be written and shall state with reasonable particularity
the nature of the violation, including the reference to the section of this
chapter alleged having been violated. A complaint shall be delivered or sent
by certified mail to the alleged violator.
B.Â
The Health Officer or his/her 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 for the enforcement of this chapter.
C.Â
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 Borough of Hopatcong Police Department
or other police agency or peace officer when necessary to execute his or her
official duty in a manner prescribed by law.
D.Â
Citizens may bring complaints against violators of this
chapter.
A.Â
As otherwise provided by law, statute or ordinance, any
person violating any of the provisions of this chapter shall, upon conviction
thereof, pay a penalty of not less than $200 nor more than $500 for each offense.
A complaint shall be made in the Municipal Court of the Borough of Hopatcong
or before such other judicial officer having authority under the laws of the
State of New Jersey.
B.Â
Each sale of tobacco to a minor shall constitute a separate
violation.
