[HISTORY: Adopted by the Mayor and Council of the Borough of Red Bank by Ord. No. 1996-9 (Sec. 3-12 of the 1987 Revised General Ordinances). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ENFORCEMENT OFFICER
- The Health Officer of the Borough of Red Bank and/or his or her authorized representative, as well as any sworn Borough of Red Bank police officer.
- LICENSED PREMISES
- Any place licensed by the State of New Jersey to primarily sell at retail, beer, wine, mixed spirits for consumption on the premises.
- An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
- 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.
- VENDING MACHINE
- Any automated, self-service device which, upon insertion of money, tokens or any other form of payments, dispenses cigarettes or other tobacco products.
- VENDING MACHINE LOCATION
- The room, enclosure, space or area where a tobacco vending machine is installed and operated.
Cigarette vending machines are prohibited in the Borough of Red Bank, except in places licensed to sell alcoholic beverages for consumption on premises, under the statutes, rules and regulations of the State of New Jersey (from now on called "licensed premises"). Cigarette vending machines may be located in a licensed premises, subject to compliance with all of the following conditions:
The machine shall not be located in a coat room, rest room, waiting area or similar unmonitored area, and shall be inaccessible to the public when the place of business is closed.
The machine is equipped with a locking device that has all of the following characteristics:
The machine is inoperative and not capable of accepting money unless activated by an employee of the licensed premises.
The machine contains a warning label to minors and a label indicating activation procedures.
Once activated, the machine automatically is deactivated after three minutes or the purchase of one pack of cigarettes, whichever occurs first.
Any malfunction of the locking device renders the machine inoperable.
The locking device cannot be bypassed to leave the machine in an operating mode for an unlimited period of time.
The following sign, not less than six inches by eight inches in size, shall be posted in a conspicuous place at each point of sale clearly visible to anyone purchasing tobacco products, which sign shall read as follows:
SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 19 IS PROHIBITED BY LAW. A TOBACCO RETAILER MAY REQUIRE ANY PURCHASER OF TOBACCO PRODUCTS TO PRODUCE A PHOTO IDENTIFICATION PRIOR TO SALE AND MAY REFUSE TO SELL SAID PRODUCT TO ANYONE WHO FAILS TO PRODUCE SAID IDENTIFICATION.
The machine must be registered with the Borough Clerk. The registration form shall be issued, without the payment of any fee, if it contains all of the following information:
The name, address and business telephone number of the owner of the licensed premises.
The name, address and business telephone number of the owner of the machine.
A description of the proposed location of the machine at the licensed premises.
A certification by the owner of the licensed premises that the machine complies with all of the requirements of this section.
It shall be unlawful for any tobacco retailer responsible for the operation of a tobacco vending machine to remove, disconnect or otherwise disable the remotely activated electronic switch or device on a tobacco vending machine, in a location where this chapter provides for a vending machine to be so equipped.
Any person, firm or corporation that shall be convicted of a violation of any provision of this chapter shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be subject to the penalties provided in Chapter 1, General Provisions, Article II, General Penalty. Each day that such violation exists shall constitute a separate offense.