[HISTORY: Adopted by the Board of Health
of the Township of Manalapan 7-23-1996 by Ord. No. BH:1996-5. Amendments noted where applicable.]
[Amended 6-24-2008 by Ord. No. BH:2008-04; 3-26-2019 by Ord. No. BH:2019-04]
A.
It shall be unlawful to sell tobacco to a person under
21 years of age.
B.
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: 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 ordinances.
[Amended 6-24-2008 by Ord. No. BH:2008-04; 3-26-2019 by Ord. No. BH:2019-04]
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.
It shall be unlawful to offer for sale or to sell
tobacco through a tobacco vending machine in the Township of Manalapan.
B.
The sale of "rolling papers" in any forms and in any
quantity to any person under the age of 21 years is prohibited.
[Amended 6-24-2008 by Ord. No. BH:2008-04; 3-26-2019 by Ord. No. BH:2019-04]
C.
Self-service tobacco displays are prohibited in all
retail establishments.
[Added 10-24-2000 by Ord. No. BH:2000-3]
All tobacco vending machines made unlawful by
the terms of this chapter shall be removed within 30 days from the
effective date of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
The Department of Health of the Township of Manalapan and
may be referred to in this chapter as the "Department."
The Administrative Officer of the Department of Health of
the Township of Manalapan.
Any member of the Township of Manalapan Police Department.
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.
[Added 10-24-2000 by Ord. No. BH:2000-3]
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; shall also mean a person or entity that owns,
operates or uses a vending machine and/or a 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.
Whenever the Health Officer, or his/her designee or
a law enforcement officer, reasonably believes there exists a violation
of this chapter, such officer or designee may issue a summons and
complaint not later than 60 days after discovery of the alleged violation.
This complaint shall be written and shall state with reasonable particularity
the nature of the violation, including reference to the article and
section of this chapter alleged to have been violated. The complaint
shall be delivered or sent by certified mail to the alleged violator.
B.
The Health Officer, designee or law enforcement officer
charged with enforcement of this chapter, after giving proper identification,
may inspect any matter, thing, premises, place, person, record vehicle,
incident, or event as necessary.
C.
It shall be 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 of Manalapan Police Department, or other police agency or
peace officer when necessary to execute his or her official duty in
a manner prescribed by law.
D.
Citizens may bring complaints against violators 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, pay a penalty of not less than $100, nor
more than $500 for each offense. 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.
Each sale of tobacco and/or rolling papers to a minor
shall constitute a 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.
[Amended 10-24-2000 by Ord. No. BH:2000-3]
C.
The Board of Health of the Township of Manalapan may
suspend the retail food establishment license of any person convicted
of violation of this chapter, for a period of not more than three
days, pursuant to the authority of the Health Department to license
and regulate food establishments as provided by N.J.S.A. 26:3-31(c).
[Added 4-26-2011 by Ord. No. BH:2011-02]
A.
Registration required.
(1)
No person, firm, partnership or corporation shall operate a cigar
bar, cigar lounge or tobacco retail establishment, as defined by N.J.S.A.
26:3D-55 et seq., without first registering such establishment with
the Health Department as required by N.J.S.A. 26:3D-55 et seq. and
N.J.A.C. 8:6-1.1 et seq.
(2)
The applicant for such registration shall pay a fee of $200 for the
initial registration and $100 for each annual renewal of the registration
thereafter.
(3)
All registrations must be posted in public view.
(4)
Registrations granted under this chapter expire on June 30 of the
year following issuance as per N.J.A.C. 8:6-3.3(d).
(5)
Registration applications for renewal must be submitted no later
than April 15 of the year in which they expire as per N.J.A.C. 8:6-3.4(a).
B.
Operation. All persons, firms, partnerships or corporations who have
registered a cigar bar, cigar lounge or tobacco retail establishment
with the Health Department must maintain and operate said establishment
in conformance with N.J.S.A. 26:3D-55 et seq. and N.J.A.C. 8:6-1.1
et seq.
C.
Violations and penalties. Any person, firm, partnership or corporation
found in violation of this chapter, upon conviction thereof, shall
be punished as provided in Section 262 of the General Provisions of
the Code of the Township of Manalapan.
