[HISTORY: Adopted by the Township Committee
of the Township of Plainsboro 8-10-1994 as Ord. No. 94-06. Amendments noted where
applicable.]
The Plainsboro Township Committee hereby establishes
"Cigarette Vending Machines Prohibited" as a new chapter in the Code
of the Township of Plainsboro.
In view of the indiscriminate sales of cigarettes
to minors by automatic vending machines, all cigarette vending machines
are hereby prohibited in the Township of Plainsboro.
[Added 11-25-2019 by Ord.
No. 19-10]
A.
It shall be unlawful to sell or otherwise provide an electronic smoking
device, tobacco or tobacco products to a person under 21 years of
age.
B.
It shall be unlawful for any person to purchase an electronic smoking
device or tobacco products with funds furnished by a minor or with
the intent to sell or give such a product to a person under the age
of 21.
C.
It shall be unlawful to offer for sale or to sell an electronic smoking
device or tobacco products from a self-service display. Tobacco products
are to be stored for sale in such a manner that only a sales clerk
has physical access to the same, and said sales clerk shall manually
obtain the same upon customer request.
D.
Sign requirements. The following six-inch-by-eight-inch sign shall
be posted in a conspicuous place near each cash register in all retail
establishments in which tobacco products are sold:
"THE SALE OF TOBACCO PRODUCTS TO INDIVIDUALS 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
ordinances."
E.
It shall be unlawful for any person under 21 years of age to smoke
or use a tobacco product or electronic smoking device in any public
place, or to possess in open view a cigarette or tobacco product,
an electronic smoking device, an opened cigarette pack, opened carton
or other opened container (as evidenced by a broken seal) holding
a tobacco product.
F.
Drug-free and cigarette- and vape-free school zones.
(1)
The Drug-Free School Zone Map produced by CME Associates, Municipal Engineer, adopted by Plainsboro Township Committee as referenced in Chapter 15 of the Township Code, is hereby amended to include "Cigarette- and Vape-Free School Zone" whereby it shall be unlawful for anyone to sell, give or permit to be sold or given to a person under 21 years of age tobacco, cannabis and any other substance in any form or an electronic smoking device within the areas on or within 1,000 feet of such school property.
(2)
It shall be also unlawful for a person under 21 years of age to vape
and/or smoke or use a tobacco product or to possess in open view an
electronic smoking device, a cigarette or tobacco product, an opened
cigarette pack, opened carton or other opened container (as evidenced
by a broken seal) holding a tobacco product in and/or on school property
as referenced in the Cigarette- and Vape-Free/Drug-Free School Zone
Map.
G.
It shall be unlawful for a parent, legal guardian or other person
acting in place of a parent or legal guardian or person who is responsible
for the care and welfare of an individual under the age of 21 years
to allow that individual to possess any electronic smoking device,
cigarettes made of tobacco or of any other substance which can be
smoked, any cigarette paper or tobacco in any form, including but
not limited to smokeless tobacco.
[Added 11-25-2019 by Ord.
No. 19-10]
As used in this chapter, the following terms shall have the
meanings indicated:
An electronic device that can be used to deliver nicotine,
cannabis, or other substances to the person inhaling from the device,
including, but not limited to, an electronic cigarette, cigar, cigarillo,
or pipe.
All municipal offices, police stations, fire stations, schools
and school administration, water treatment plants, Department of Public
Works and any and all facilities owned and/or operated by the Township
of Plainsboro.
Any individual, partnership, cooperative, association or
corporation, personal or representative, receiver, trustee, assignee
or any other legal entity.
Any product made from the tobacco plant for the purpose of
smoking, chewing, inhaling or any other use, including cigars, chewing
tobacco, pipe tobacco, snuff and cigarettes in any form.
Any person or entity who or which operates a store, stand,
booth, concession or place at which sales of tobacco are made to the
purchaser for consumption or use. It shall also mean a person or entity
who or which owns, operates, or uses a vending machine and/or a vending
machine location.
Any automatic, self-service device which, upon the insertion
of money, tokens or any other form of payment, dispenses cigarettes,
tobacco products or electronic smoking devices.
[Amended 11-25-2019 by Ord. No. 19-10]
All tobacco/vape vending machines made unlawful by the terms
of this chapter shall be removed within 30 days from the effective
date of this chapter.
[Amended 11-25-2019 by Ord. No. 19-10]
Any person owning, operating, renting or permitting the sale
of tobacco/vape products to individuals 21 years of age or younger,
or the use of cigarette/vape vending machine on the premises under
his or her control or any person under 21 years of age possessing
a tobacco and/or vape product shall be subject to a fine of $250;
each day on which such possession or a machine is owned or permitted
on the premises shall result in an additional fine.
