Borough of Maywood, NJ Tobacco, Sale of

Any product made from the tobacco plant, for the purpose of smoking, chewing, inhaling and other personal use, including cigars, chewing tobacco, pipe or other tobacco, snuff, cigarettes in any form and cigarette paper.

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 and who is licensed under the Cigarette Tax Act (N.J.S.A. 54:40A-1 et seq.)

VENDING MACHINES

Any automated, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarettes or other tobacco products.

§ 412-2 Prohibition of tobacco sales to minors; outdoor advertising.

It shall be unlawful for any person, including a tobacco retailer, to offer for sale, to sell, give or permit to be sold or to be given tobacco in any form to a person under 18 years of age, either by vending machine, counter sales, displays or any other means.

Sign requirements/prohibitions.

(1)

The following six-inch by eight-inch sign shall be posted in a conspicuous place near each cash register in all the establishments of tobacco retailers:

"SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 18 IS PROHIBITED BY LAW. Legal proof of age must be shown. A person who sells or offers to sell a tobacco product to a person under 18 years of age may be prosecuted in accordance with State and Federal law and local ordinances."

(2)

No outdoor advertising for cigarettes or smokeless tobacco, including billboards, posters or placards, may be placed within 1,000 feet of the perimeter of any public playground or playground area in a public park (e.g., a public park with equipment such as swings and seesaws, baseball diamonds or basketball courts), elementary school or secondary school.

§ 412-3 Identification requirements.

It shall be unlawful for any tobacco retailer to sell or permit tobacco products to be sold to any individual, unless the seller has verified by means of photographic identification containing the bearer's date of birth that the person purchasing the product is not younger than 18 years of age.

No such verification is required for any person over the age of 26.

§ 412-4 Prohibition of tobacco sales in displays and vending machines.

Except as otherwise provided in § 412-4D, a retailer may sell cigarettes or smokeless tobacco only in a direct face-to-face exchange without the assistance of any electronic or mechanical device (such as a vending machine).

No retailer may break or otherwise open any cigarette or smokeless tobacco package to sell or distribute individual cigarettes or a number of unpackaged cigarettes that is smaller than the quantity in the minimum cigarette package size defined in 31 CFR 897.16(b), or any quantity of cigarette tobacco or smokeless tobacco that is smaller than the smallest package distributed by the manufacturer for individual consumer use.

Each retailer shall ensure that all self-service displays, advertising, labeling and other items that are located in the retailer's establishment and that do not comply with the requirements of this section, are removed or are brought into compliance with the requirements under this section within 30 days of the effective date hereof.

Vending machines (including vending machines that sell packaged, single cigarettes and self-service displays) are permitted only if they are located in facilities where the retailer ensures that no person younger than 18 years of age is present, or permitted to enter, at any time.

§ 412-5 Removal of tobacco vending machines.

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.

A tobacco vending machine that is prohibited by this chapter may be taken into custody by municipal authorities. Any machine so taken shall be returned to the owner upon payment of the reasonable costs incurred in connection with the taking.

§ 412-6 Enforcement.

Whenever 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. The complaint shall be written and shall state with reasonable particularity the nature of the violation, including reference to the section 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 Borough of Maywood or the Maywood Police Department or other police agency or peace officer when necessary to execute his or her official duty in a manner prescribed by law.

Citizens may bring complaints against violators of this chapter.

§ 412-7 Violations and penalties.

Unless otherwise provided by law, statute or ordinance, any person violating §§ 412-2B, 412-3, 412-4 and 412-5 of this chapter shall, upon conviction thereof, pay a penalty of not less than $100 nor more than $500 for each offense. A complaint shall be made in the Municipal Court of the Borough of Maywood or before such other judicial officer having authority under the laws of the State of New Jersey.

Any person violating § 412-2A of this chapter shall, pursuant to N.J.S.A. 2A:170-51,[1] be punished by a fine of $250 for the first violation, $500 for the second, $1,000 for the third violation and each subsequent violation.

[1]

Editor's Note: N.J.S.A. 2A:170-51 was repealed by L. 1999, c. 90. See now N.J.S.A. 2C:33-13-1.

Each sale of tobacco to a minor shall constitute a separate violation.

The Health Officer may suspend the retail food establishment license of any person convicted of a violation of this chapter for a period of not more than three days pursuant to the authority of the Health Officer to license and regulate food establishments as provided by N.J.S.A. 26:3-31c.

§ 412-8 Defenses.

The establishment of all of the following shall constitute a defense to any prosecution brought pursuant to § 412-2A of this chapter.

That the purchaser of the tobacco product falsely represented, by producing either a driver's license or nondriver identification card issued by the Division of Motor Vehicles, similar card issued pursuant to the laws of another state or the federal government or Canada, or a photographic identification card issued by a county clerk, that he or she was of legal age to make the purchase;

That the appearance of the purchaser of the tobacco product was such that an ordinary prudent person would believe him or her to be of legal age to make the purchase; and

That the sale or distribution was made in good faith, relying upon the production of the identification in Subsection A, the minor's appearance and in the reasonable belief that the purchaser or recipient was actually of legal age to make the purchase.