[Adopted by Ord. No. 2002-13]
A.Â
It is unlawful to sell tobacco to a person under 18 years of age.
B.Â
Sign requirements. Not less than a six-inch-by-eight-inch sign shall
be posted in a conspicuous place near each cash register in all retail
establishments which sell tobacco products containing the following
language:
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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 local ordinances.
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It is unlawful for 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 18 years or greater, unless the seller has some other conclusive
basis for determining the buyer is over the age of 18 years.
All tobacco vending machines and self-service tobacco displays
made unlawful by the terms of this article shall be removed within
30 days from the effective date of this article codified in this article.
As used in this article, the following terms are defined:
The Ocean County Health Department, and may be referred to
in this article as the "Department."
The administrative officer of the Ocean County Health Department.
Any member of the Township Police Department or any other
municipal police department of the New Jersey State Police.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee, or any other
legal entity.
Any racks, stands or other display devices from which a customer
may take tobacco products directly with only payment to be made to
the tobacco retailer.
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.
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. This shall also mean a person or entity that
owns, operates or uses a vending machine and/or vending machine location.
Any automated, self-service device which, upon insertion
of money, tokens or any other form of payment, dispenses cigarettes
or other tobacco products.
A.Â
Whenever the health officer, or his/her designee or law enforcement
officer, reasonably believes there exists a violation of this article,
such officer or designee may issue summons and complaint not later
than 60 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 article and section
of this article alleged to have been violated. The complaint shall
be delivered personally or sent by certified mail to the alleged violator.
B.Â
The health officer, designee or law enforcement officer charged with
enforcement of this article, after giving proper identification, may
inspect any matter, thing, premises, place, person, record, vehicle,
incident, or event as necessary.
C.Â
It is unlawful for any person to molest, willfully oppose, verbally
abuse or otherwise obstruct the health officer, designee or law enforcement
officer who may request the assistance of the Township Police Department,
or other police agency or peace officer when necessary to execute
his or her official duty in manner prescribed by law.
D.Â
Citizens may bring complaints against violators of this article.
A.Â
If any, section, subsection or paragraph of the ordinance codified
in this article is declared to be unconstitutional, invalid or inoperative
in whole or in part by court of competent jurisdiction, such section,
subsection, or paragraph shall, to the extent that it is not unconstitutional,
invalid or inoperative, remain in full force and effect, and no such
determination shall be deemed to invalidate the remaining sections,
subsections or paragraphs of this article.
B.Â
This article shall be liberally construed for the health, safety,
and welfare of the people of the Township.
C.Â
All ordinances or parts of ordinances inconsistent with this article
are repealed to the extent of such inconsistency.
A.Â
Unless otherwise provided by law, statute or ordinance, any person
violating any of the provisions of this article shall, upon conviction
thereof, pay penalty of not less than $100 nor more than $500 for
each offense. A complaint shall be made in the municipal court 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 separate violation.
Each day that a tobacco vending machine or self-service tobacco display
remains on any premises or tobacco is sold without the required sign
shall constitute a separate and distinct offense.
