[HISTORY: Adopted by the Mayor and Council
of the Borough of Middlesex 4-9-2002 by Ord. No. 1554. Amendments
noted where applicable.]
GENERAL REFERENCES
Smoking — See Ch. 343.
This chapter shall be known and may be cited
as "An Ordinance to Control Access to Tobacco Products".
[Amended 4-10-2018 by Ord. No. 1938]
A.
It shall be unlawful to sell tobacco or any nicotine delivery products,
excluding FDA-approved products for smoking cessation, to a person
under 21 years of age.
B.
Every vendor of any tobacco product shall post a sign in a conspicuous
place near each cash register that states: "Sale of tobacco products
to minors under the age of 21 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 21 years of age may be prosecuted in accordance
with state and local law."
[Amended 4-10-2018 by Ord. No. 1938]
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 as 21 years or greater, unless the seller has some other conclusive
basis for determining the buyer is over the age of 21 years.
A.
Self-service tobacco displays shall be prohibited
in all retail establishments.
B.
All tobacco products shall be stored in areas not
accessible to customers. In order to purchase tobacco products a customer
must request the purchase from a sales person. At no time may the
customer have any access to tobacco products prior to a request.
C.
All self-service tobacco displays made unlawful by
this chapter shall be removed within 30 days from the effective date
of this chapter.
A.
The Health Officer, or his designee, registered environmental
health specialist, Code Enforcement Officer, and Police Officer are
authorized to enforce the provisions of this chapter.
B.
Whenever an authorized enforcement agent, as defined in § 383-6A above, reasonably believes there exists a violation of this chapter, he/she may issue a notice of violation and/or a summons not later than 90 days after the discovery of the alleged violation.
C.
The Health Officer, his/her designee, or any other
person charged with the enforcement of this chapter, after giving
proper identification, may inspect any matter, thing, premise, place,
person, record, or vehicle as necessary for the enforcement of this
chapter.
A.
Unless otherwise provided by law, statute, or ordinance,
any person violating any of the provisions of this chapter shall,
upon conviction thereof, be subject to penalties as defined below:
(1)
A fine of not less than $100 nor more than $250 and/or
community service of not less than five hours for the first offense.
(2)
A fine of not less than $250 nor more than $500 and/or
community service of not less than 10 hours for a second offense.
(3)
Each and every offense beyond the second offense shall
be subject to a fine that shall increase by an amount not less than
$150 nor more than $500 and/or community service that shall increase
by an amount not less than five hours and/or imprisonment not to exceed
90 days.
B.
Each day that a violation exists shall constitute
a separate offense.
No provision of this chapter shall be construed
or interpreted to allow the sale of tobacco products where it is otherwise
restricted by other laws.
