[Adopted 5-4-2004 by Ord. No. 16-2004 (Ch.
154, Art. I, of the 1978 Code)]
As used in this article, the following terms
shall have the meanings indicated:
PERSON
An individual, partnership, corporation, cooperative, association
or any other legal entity.
It shall be unlawful for any person:
A. To sell or permit to be sold, or offer to sell, any
tobacco product to any individual without first requesting and examining
identification from the purchaser positively establishing the purchaser's
age as 18 years or older, unless the seller has some other conclusive
basis for determining the buyer is over the age of 18 years; or
B. To sell or permit to be sold any tobacco product to
a person under 18 years of age.
All tobacco vending machines are hereby prohibited
in the Township of Mantua. It shall be unlawful for any person to
possess a tobacco vending machine or to sell or offer to sell any
tobacco product through a tobacco vending machine in the Township
of Mantua.
[Adopted 5-2-2004 by Ord. No. 01-06 (Ch.
154, Art. II, of the 1978 Code)]
As used in this article, the following terms
shall have the meanings indicated:
CODE ENFORCEMENT OFFICER
For purposes of this article, any person employed by the
Township of Mantua in the capacity of enforcing the laws of the State
of New Jersey and the ordinances of the Township of Mantua. This would
include, but not be limited to, all sworn members of the Township
of Mantua Police Department.
PERSON
For purposes of this article, as an individual, partnership,
corporation, cooperative, association, personal representative, receiver,
trustee, assignee or any other legal entity.
SELF-SERVICE CIGARETTE OR TOBACCO PRODUCT DISPLAY
For purposes of this article, any shelving or storing of
cigarettes in any 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 same without the assistance of an employee
of the establishment.
TOBACCO
For purposes of this article, 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
For purposes of this article, 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.
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 Township of Mantua.
It shall be unlawful for tobacco retailers to
display, advertise, or offer for sale, tobacco products in any location
in which minors are permitted at a height of less than four feet or
adjacent to candy or items specifically intended for sale to or for
children.
Unless otherwise provided by law, statute, or
ordinance, any person who violates any provision of this article shall,
upon conviction in the Municipal Court of the Township of Mantua,
be subject to a fine of $250 for a first offense, $500 for a second
offense, and $1,000 for a third and each subsequent violation. Each
day that a self-service cigarette or tobacco product display, or tobacco
advertising at child eye level, remains on any premises shall constitute
a separate and distinct offense.
The Township of Mantua specifically reserves
and retains the right to pursue all other legal and equitable remedies
in order to fully enforce the provisions of this article as they pertain
to the health, safety, and welfare of the people of the Township of
Mantua.