[Adopted by Ord. No. 10-1996 (§§ 18-90
to 18-98 of the 1979 Revised General Ordinances)]
As used in this article, the following terms
shall have the meanings indicated:
The Administrative Officer of the Livingston Department of
Health and/or his or her authorized representatives.
An individual, partnership, cooperative association, corporation,
person representative, receiver, trustee, assignee or any other legal
entity.
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 and who is licensed under the Cigarette Tax
Act (N.J.S.A. 54:40A-1 et seq.)
Any automated, self-service device which, upon insertion
of money, tokens or any other form of payments, dispenses cigarettes
or other tobacco products.
A.
It shall be unlawful for any person, including a tobacco
retailer, to offer for sale, to sell, give or permit to be sold or
given tobacco in any form to a person under 18 years of age.
B.
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 which sell tobacco products:
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SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE
AGE OF 18 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.
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It shall be unlawful for any tobacco retailer
to sell or permit tobacco products to be sold to any individual under
the age of 18 unless the seller has a reasonable basis for determining
that the buyer is at least 18 years of age.
It shall be unlawful for any tobacco retailer
to allow, suffer or permit the sale of tobacco products on his or
her premises by any person under the age of 18 years of age.
All tobacco vending machines and self-service
displays 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, or his/her designee,
reasonably believes there exists a violation of this article, he/she
may issue a summons and complaint not later than 60 days 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 section of 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, or his/her designee, or any other
person charged with enforcement of this article, after giving proper
identification, may inspect any retail establishment in the Township
of Livingston in the performance of his/her duties under this article.
C.
It shall be unlawful for any person to molest, willfully
oppose, verbally abuse or otherwise obstruct the Health Officer, or
his/her designee, who may request the assistance of the Livingston
Township Police Department or other police agency or peace officer
when necessary to execute his or her official duty in a manner prescribed
by law.
A tobacco vending machine which is not permitted
under this article may be taken into custody by municipal authorities.
Any machine so taken shall be returned to its owner upon payment of
the reasonable costs incurred in connection with the taking.
A.
Any person owning, operating, renting or permitting
the use of a cigarette vending machine on premises under his or her
control shall be subject to a fine of $250. Each day on which such
a machine is owned, operated, rented or permitted on the premises
shall result in an additional fine.
B.
Any person who sells or permits tobacco products to
be sold to any individual under the age of 18 or to be sold by any
individual under the age of 18 shall be subject to a fine of $250.
Each sale of tobacco to or by a minor shall constitute a separate
violation.
C.
The Livingston Department of Health 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 Livingston Department of Health to license
and regulate food establishments as provided by N.J.S.A. 26:3-31(c).
D.
Any penalty recovered under the provisions of this
article shall be recovered by and in name of the local Board of Health.
The penalty recovered shall be paid by the local Board into the treasury
of the municipality where the violation occurred.
