[HISTORY: Adopted by the Township Committee of the Township of Lumberton as indicated in article histories. Amendments noted where applicable.]
Article I Sales to Minors
[Adopted 12-6-1999 by Ord. No. 1999-28]
There exists conclusive evidence that tobacco smoke causes cancer, respiratory diseases, cardiovascular disease, negative birth outcomes, as well as irritations to the eyes, nose and throat. Both smokers and those exposed to secondhand smoke are at risk. It is the opinion of the Township Committee that nonsmokers should not be involuntarily exposed to tobacco smoke.
Statistics reflect that more than 90% of all smokers begin smoking before the age of 18 (the legal age to purchase cigarettes in the state) and an estimated 3,000 minors begin smoking every day in the United States. There is, therefore, an important health need to reduce easy access to tobacco products by youths through strict enforcement of the state law prohibiting sales to minors.
As used in this chapter, the following terms shall have the meanings indicated:
- MUNICIPAL BUILDING
- All municipal offices, police station, fire stations, schools and school administration, water treatment plants, Department of Public Works, emergency squad building, library and any and all facilities owned and/or operated by the Township of Lumberton.
- 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.
- TOBACCO RETAILER
- Any person or entity that operates a store, stand, booth, concession or place at which sales of tobacco are made to the purchaser for the consumption or use. It shall also mean a person or entity which owns, operates or uses a vending machine and/or a vending machine location.
- VENDING MACHINE
- Any automatic, self-service device which, upon the insertion of money, tokens or any other form of payment dispenses cigarettes or other tobacco products.
It shall be unlawful to sell or otherwise provide tobacco or tobacco products to a person under 18 years of age, which person shall be considered a minor for purposes of this chapter.
It shall be unlawful for any person to purchase tobacco with funds furnished by a minor or with the intent to sell or give such a product to a minor.
It shall be unlawful to offer for sale or to sell tobacco products from self-service displays. Tobacco products are to be stored for sale in such a manner that only a sales clerk has physical access to same, and said sales clerk shall manually obtain same upon customer request.
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 MINORS UNDER THE AGE OF EIGHTEEN 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.
Identification. It shall be unlawful for a tobacco retailer to sell or permit to be sold tobacco to any individual without requesting or examining identification from the purchaser, positively establishing the purchaser's age as 18 years of age or greater, unless the seller has some other conclusive basis for determining that the buyer is over the age of 18 years.
It shall be unlawful for any person under the age of 18 years to smoke or use a tobacco product in any public place or to possess in open view a cigarette or tobacco product, an unopened cigarette pack, opened carton or other opened container (as evidenced by a broken seal) holding a tobacco product.
The Drug-Free Zone Map produced by Richard A. Alaimo Associates, Municipal Engineers, adopted by Lumberton Township Ordinance No. 1998-27, as referenced in Chapter 141 of the Township Code, is hereby amended to include Tobacco-Free School and Property Zone whereby it shall be unlawful for anyone to sell, give, or permit to be sold or given to a person under 18 years of age tobacco in any form within the areas on or within 1,000 feet of such property. It shall also be unlawful for a person under 18 years of age to smoke or use a tobacco product or to possess in open view a cigarette or tobacco product, an opened cigarette pack, opened carton or other opened container (as evidenced by a broken seal) holding tobacco product in and/or on property as referenced in the Tobacco-Free/Drug-Free School and Property Zone Map.
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 a minor under the age of 18 years to allow that minor to possess any 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.
Smoking and the use of other tobacco products shall not be permitted in any municipal building in Lumberton Township.
Unless otherwise provided by law, a minor charged under this section as a first offense with the use or purchase of a tobacco product shall be served with a written warning which shall inform the minor of subsequent penalties. A copy of said warning shall be sent to the minor's parents.
Unless otherwise provided by law, statute or ordinance, as to repeat minor offenders who use, purchase or possess tobacco products, and as to any adult person violating any of the provisions contained within this chapter, any person found to be in violation shall, upon conviction thereof, pay a penalty of not less than $100 or more than $500 for each offense.
Each sale or provision of tobacco to a minor shall constitute a separate violation.
Each day in which a vending machine is owned or operated, rented or permitted on a premises subsequent to the effective date of this chapter, shall constitute a separate violation.
It shall primarily be the responsibility of the Police Department to monitor and/or enforce this chapter, which shall do so through periodic inspections or other legal means.