[HISTORY: Adopted by the Board of Commissioners
of the Township of Haddon 2-17-1998 by Ord. No. 1023. Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any mechanical device, attached to a tobacco vending machine,
which is electronically operated by a third party to control the sale
of tobacco products.
Includes the following: any person, firm, corporation or
association in whose place of business or employment tobacco products
are offered for sale, directly or by machines.
Any product made from the tobacco plant or containing tobacco
leaf, for the purpose of smoking, chewing, inhaling or other personal
use, including but not limited to cigarettes, cigars, pipe tobacco,
chewing tobacco, snuff and dipping tobacco.
Any mechanical, electrical or electronic self-service device
which, upon insertion of money, tokens or any other form of payment,
dispenses tobacco or tobacco products, either exclusively or as some
kind of available item.
[Amended 7-21-1998 by Ord. No. 1036; 3-24-2009 by Ord. No.
1236]
A.
It shall be unlawful to sell or otherwise provide tobacco products
to a person under 19 years of age, which person shall be considered
a minor for purposes of this chapter.
B.
It shall be unlawful for any person to purchase tobacco products
with funds furnished by a minor or with the intent to sell or give
such a product to a minor.
C.
It shall be unlawful to offer for sale or to sell 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 same, and said sales clerk shall manually obtain 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.
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THE SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 19 IS
PROHIBITED BY LAW.
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Legal proof of age must be shown. A person who sells or offers
to sell a tobacco product to a person under 19 years of age may be
prosecuted in accordance with state and local ordinances.
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E.
It shall be unlawful for any person under 19 years of age to smoke
or use a tobacco product in any public place or to possess in open
view a cigarette or tobacco product, an open cigarette pack, opened
carton or other opened container (as evidenced by a broken seal) holding
a tobacco product.
F.
Cigarette-Free School Zone.
(1)
The Drug-Free School Zone Map[1] adopted by the Township of Haddon is hereby amended to
include "Cigarette-Free School Zone," whereby it shall be unlawful
for anyone to sell, give or permit to be sold or given, to a person
under 19 years of age, tobacco in any form within the areas on or
within 1,000 feet of such school property.
(2)
It shall be also unlawful for a person under 19 years of age to smoke
or use a tobacco product or 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 a tobacco product in and/or
on school property as referenced in the Cigarette-Free/Drug-Free School
Zone Map.
G.
It shall be unlawful for a parent, legal guardian or other persons
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 19 years to allow
that minor to possess any cigarettes made of tobacco or of any other
substances which can be smoked, any cigarette paper or tobacco in
any form, including but not limited to smokeless tobacco.
H.
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.
I.
Repeat minor offenders who are found guilty of violating § 215-2 of this chapter shall, in addition to the penalties provided for in § 215-9A, be subject to a period of community service in accordance with the policies and procedures of Juvenile Administration by the Camden County Juvenile Court and Haddon Township Police Department.
In view of the indiscriminate sales of tobacco
products to minors by automatic vending machines, all tobacco vending
machines are hereby prohibited in the Township of Haddon, except where
a waiver has been obtained in accordance with this chapter. It shall
be unlawful for any person, firm, corporation or association to possess
a tobacco vending machine or to sell or offer to sell any tobacco
product through a tobacco vending machine in the Township of Haddon
unless a waiver has been obtained in accordance with this chapter.
A.
The owner of a bar, tavern, restaurant or other establishment
which has a valid distribution or consumption liquor license may obtain
a waiver from the prohibitions contained in this chapter, provided
that the bar, tavern, restaurant or other establishment, by written
policy, bars access by minors to the bar areas at all times; a bar
or tavern which has teenage events at any time, including but not
limited to events at which only nonalcoholic beverages are served,
shall not be deemed to have such a policy. The written policy shall
be prominently displayed in the bar tavern or restaurant bar area.
B.
The intent of this section is to permit the vending
of tobacco products through tobacco vending machines only under very
limited circumstances. Generally, those areas are limited to the bar
areas of bars, taverns and restaurants.
C.
Qualifications for waiver.
(1)
The bar, tavern, restaurant, hotel or other facility
must have a valid distribution or consumption liquor license.
(2)
A restaurant, hotel or other facility must have a
distinct area, separate and apart from the restaurant or hotel, in
which the liquor is being served (e.g., bar area). Liquor must be
served from this area but may be consumed in the restaurant area.
(3)
The vending machine for which the waiver is sought
shall be not less than 10 feet from public entrance or exit ways and
shall be within 15 feet of the bartender or cashier station within
the bar area and within the direct visual supervision of the bartender
or cashier and the vending machine.
(4)
The tobacco vending machine shall be equipped with
a lockout device in which:
(a)
The lockout device allows the location attendant
(either bartender or cashier) to control the sale of tobacco products
in accordance with local laws by blocking the vending mechanism.
(b)
The attendant must be approached by the customer
before the machines will vend.
(c)
The tobacco vending machine shall be under the
direct visual observation of the person operating the control button
or switch of the locking device.
(d)
The attendant pushes a remote control button
to allow it to vend.
(e)
The lockout device automatically resets to prevent
the next vend. There can be no multiple sales.
(f)
The control button or switch on the locking
device shall be within 15 feet of the tobacco vending machine it controls.
The control button or switch shall be located in an area not directly
accessible to nonemployees of the retail or other establishment.
(g)
Access to the interior to the machine is controlled
only by the vending machine company.
(h)
The lockout device is equivalent or equal to
a "WICO" lockout device.
(5)
The cost of the vending machine lockout device is
to be borne by the vending machine company and must be installed by
a competent service person.
(6)
Under no circumstances will more than two vending
machine waivers be issued on any liquor license. No more than two
tobacco vending machines meeting all the requirements and restrictions
of this Ordinance shall be allowed in any single bar, tavern, restaurant
or other establishment. Where two tobacco vending machines are to
be installed, separate control buttons or switches no closer than
24 inches apart shall be installed for each tobacco vending machine
to prevent the inadvertent activation of the tobacco vending machine
other than the one from which a purchase is desired to be made.
A.
All lockout devices required on tobacco vending machines
shall be licensed.
B.
Licenses shall be issued by the Township Clerk if:
(2)
The proper fee is paid. A nonrefundable licensing fee for each tobacco vending machine locking device, in the amount provided in Chapter 111, Fees, shall be paid in advance. In no case should any portion of said license fee be refunded. Replacement of any tobacco vending machine or lockout device during the course of the waiver period shall not result in any additional fee. In the event of a transfer of ownership of the premises or the liquor license, a new waiver application and license fee shall be required.
[Amended 12-26-2006 by Ord. No. 1170]
A.
Application for a waiver hereunder shall be filed
in writing with the Township Clerk on a form to be provided by the
Clerk, and shall specify:
(1)
The name and address of the owner of the bar, tavern,
restaurant (the proprietor) or other establishment which seeks a waiver,
and, if a firm, corporation, partnership or association, the principal
officers thereof and their addresses.
(2)
The address of the bar, tavern, restaurant or other
establishment for which the waiver is sought.
(3)
The liquor license number and type with expiration
date(s) of same.
(4)
The name and address of the owner of the tobacco vending
machine, if other than the proprietor.
B.
Affidavit required.
(1)
The applicant shall submit an affidavit that access
to use of the tobacco vending machine by minors is and will be prohibited
in the bar, tavern or liquor serving area/bar area of a restaurant
at all times under all circumstances (including nonalcoholic events
for teenagers) by written policy of the owner of the premises and
shall have appended to it a copy of that written policy and shall
indicate where in the bar, tavern or restaurant the written policy
is prominently displayed.
(2)
Variance of location. Should the physical layout or structure of the bar, tavern, restaurant or other facility preclude the distance requirement of § 215-4 above, the applicant may apply for a written variance. The Clerk or designee shall then inspect the establishment and make a reasonable determination if the proposed location substantially complies with the requirements of this chapter.
(3)
In the case of an application for a waiver pursuant
to this section, the affidavit shall further declare that:
(a)
The tobacco vending machine is located a distance
of not less than 10 feet from the nearest entrance to or exit from
the restricted bar area and is located within the distinct liquor
serving area, and it shall have appended thereto a sketch showing
the location of the machine and the distances; and
(b)
The machine will be under the direct visual
supervision of the applicant's cashier or bartender in the liquor
serving area and will be not less than 15 feet from the cashier or
bartender station.
C.
The proper license fees shall accompany such a waiver application. The waiver shall be issued if the Township Clerk finds that the locational standards of Subsection B(3) are satisfied, that the affidavit is satisfactory [see Subsection B(1) above], that the establishment in which the lockout tobacco vending machine is to be placed has a valid liquor license (distribution or consumption) and that the required fees have been paid.
D.
The waiver shall specify the precise location in the
premises for which is issued. All waivers under this chapter shall
expire 36 months after their issuance. The waiver shall be posted
in a conspicuous place in the establishment of the applicant in close
proximity to the tobacco vending machine. Such waiver shall be nonassignable
and nontransferable, and shall apply only to the premises and location
in the bar, tavern, restaurant or other facility for which such waiver
is issued. Should the establishment lose, forfeit, transfer or sell
its distribution or consumption liquor license, the waiver shall automatically
be revoked without refund.
E.
Appeal. Should applicant be denied a waiver, the applicant
may appeal to the Board of Commissioners for a final determination.
F.
The governing body shall have the right to revoke
any waiver issued hereunder:
(1)
For failure to continue at all times to satisfy the
locational standards of this section.
(2)
For admitting at any time a minor.
(3)
For failure to comply with the terms of the waiver.
(4)
For the submission of materially inaccurate or incorrect
information in an application.
(6)
If the establishment loses, transfers, forfeits or
sells its liquor license.
It shall be unlawful for any person, including
the distributor responsible for the installation, operation or maintenance
of a tobacco vending machine, to remove, disconnect or otherwise disable
the locking device for the purpose or with the result that prospective
customers of the tobacco vending machine can purchase tobacco vending
products without the locking device controlling each individual sale.
A tobacco vending machine which is not installed
or operating in accordance with this chapter may be seized, forfeited
and disposed of in the same manner as other unlawful property seized
under N.J.S.A. 2C:64-1 et seq. Any machine so seized may be returned
to its owner upon payment of the reasonable costs incurred in connection
with the seizure and any fine imposed by the Municipal Court.
A.
Any person, firm, corporation or association violating § 215-2 of this chapter shall be subject to a maximum fine of $100 for the first violation, $250 for the second violation, $500 for the third violation and $1,000 for the fourth or greater violations within a two-year period. For purposes of this chapter, the two-year period will be considered as the 730 days directly preceding the most recent violation.
B.
Any person, firm, corporation or association owning,
operating, renting or permitting the use of or operation of a tobacco
vending machine on premises under his or her ownership, control or
management shall be subject to a fine of $250 per day, per violation.
Each day on which such a machine is owned, operated, rented or permitted
on the premises shall be deemed a separate violation and shall result
in an additional fine.
[Amended 7-21-1998 by Ord. No. 1036]
The Municipal Police Department shall enforce
this chapter by filing a complaint in Juvenile or Municipal Court.
