[Adopted 7-17-1995 as Ord. No. 12-95]
As used in this Article, the following terms shall have the meanings indicated:
ELECTRONIC SMOKING DEVICE
An electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe.
[Added 6-25-2019 by Ord. No. 31-2019]
HEALTH OFFICER
The Health Officer of the City of Hackensack and/or his or her authorized representatives.
PERSON
An individual, partnership, cooperative, association, corporation, personal representative, receivers trustee, assignee or any other legal entity.
TOBACCO
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 payment, dispenses cigarettes or other tobacco products.
[Amended 8-3-2015 by Ord. No. 31-2015; 6-25-2019 by Ord. No. 31-2019]
In addition to the existing New Jersey State prohibitions regarding the sale of tobacco products and electronic smoking devices to minors under 21 years of age, the following shall apply throughout the City of Hackensack.
A. 
Sign requirements. A sign having a minimum size of six by eight inches (6" by 8") shall be posted in a conspicuous place near each cash register in all retail establishments which sell tobacco products and electronic smoking devices and shall contain the following language:
SALE OF TOBACCO PRODUCTS AND ELECTRONIC SMOKING DEVICES 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.
It shall be unlawful for a tobacco or electronic smoking device retailer to sell or permit to be sold tobacco or an electronic smoking device 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.
All self-service displays for tobacco products, including cigarettes and snuff, and all self-service displays for electronic smoking devices, are prohibited. All tobacco products and electronic smoking devices must be dispensed to the customer by the clerk from a rack or display that is behind the counter.
It shall be unlawful to offer for sale or to sell tobacco or electronic smoking devices through a tobacco or electronic smoking device vending machine in the City of Hackensack.
All tobacco vending machines made unlawful by the terms of this Article shall be removed within 30 days from the effective date of this Article.
A. 
Whenever the Health Officer, Police Chief, other City official or one of their designees reasonably believes there exists a violation of this Ordinance, he/she may issue a complaint for summons, 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 in this Article alleged to have been violated. The complaint shall be delivered or sent by certified mail to the alleged violator.
B. 
The Health Officer, Police Chief or one of their designees or any other person 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. 
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Health Officer or his designee who may request the assistance of the City of Hackensack or the Hackensack Police Department or other police agency or peace officer when necessary to execute his or her official duty in a manner prescribed by the law.
D. 
Citizens may bring complaints against violators of this Article.
[Amended 8-3-2015 by Ord. No. 31-2015; 6-25-2019 by Ord. No. 31-2019]
A. 
Unless otherwise provided by law, statute or ordinance, any person violating § 90-52, § 90-53 or § 90-54 of this article shall, upon conviction thereof, pay a penalty of not less than $100 nor more than $500 for each offense. A complaint shall be made in the Municipal Court of the City of Hackensack or before such other judicial officer having authority under the law of the State of New Jersey.
B. 
Any person violating § 90-50 or § 90-51 of this article shall, pursuant to N.J.S.A. 2A:170-51.1, be punished by a fine not to exceed $1,000.
C. 
Each sale of tobacco to a minor shall constitute a separate violation.
D. 
The Health Officer may suspend the retail food establishment license of any person convicted of violation of this article for a period of not more than three days pursuant to the authority of the Health Officer to license and regulate food establishments as provided by N.J.S.A. 26:3-31c.
This Article shall be liberally construed for the protection of the health, safety and welfare of the people of the City of Hackensack.