[Adopted 2-2-1998 by Ord. No. 98-2]
As used in this article, the following terms
shall have the meanings indicated:
Any place licensed by the State of New Jersey to primarily
sell at retail, beer, wine, mixed spirit drink and spirits for consumption
on the premises.
The Borough of Pennington Board of Health, and may be referred
to in this article as the "Board."
The Borough of Pennington Health Department, and may be referred
to in this article as the "Department."
The administrative officer of the Borough of Pennington Health
Department, and/or his or her authorized representatives.
Any person less than 18 years of age.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee or any other
legal entity.
Any shelving or storing of cigarettes in an area of the establishment
to which customers have access and/or in a location where a customer
could reach the cigarettes or tobacco products and take same without
the assistance of an employee of the establishment.
Any place licensed by the State of New Jersey to primarily
sell at retail, beer, wine, mixed spirit drink and spirits for consumption
on the premises.
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 cigarette
or other tobacco products.
The room, enclosure, space or area where a tobacco vending
machine is installed and operated.
In view of the indiscriminate sales of cigarettes
to minors by automatic vending machines, all cigarette and tobacco
product vending machines are hereby prohibited in the Borough of Pennington.
Self-service cigarette or tobacco product displays
are prohibited, and it shall be unlawful to offer for sale, or to
sell cigarettes or tobacco products, from a self-service display in
the Borough of Pennington.[1]
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 90 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 article and section of this chapter alleged to have
been violated. The complaint shall be delivered by the police or sent
by certified mail to the alleged violator. The Health Officer, or
his/her designee, or any other designee charged with enforcement of
this article, after giving proper identification, may inspect any
matter, thing, premise, place, person, record, vehicle, incident or
event as necessary.
B.
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 Borough of
Pennington Police Department, or other police agency or peace officer
when necessary to execute his/her official duty in a manner prescribed
by law.
C.
Citizens may bring complaints against violators of
this article. All complaints must be in written form and notarized
and submitted to the Health Department. The complainant may be required
to appear in person if subpoena is sent by the court.
This article shall be liberally construed for
the protection of the health, safety and welfare of the people of
the Borough of Pennington.
A.
Unless otherwise provided by law, statute or ordinance,
any person violating any of the provisions of this article shall,
upon conviction thereof, pay a fine not exceeding $1,000, imprisonment
for a term not exceeding 90 days or a period of community service
not exceeding 90 days, or any combination thereof. Complaint shall
be made in the municipal court of the Borough of Pennington or before
such other judicial officer having authority under the laws of the
State of New Jersey.
[Amended 12-6-1999 by Ord. No. 99-14]
B.
Each sale of tobacco to a minor shall constitute a
separate violation.
C.
The Borough of Pennington Board of Health may suspend
the retail food establishment license of any tobacco retailer convicted
of violation of this article, for a period of not more than three
days, pursuant to the authority of the Board of Health to license
and regulate food establishments as provided by N.J.S.A. 26:3-31(c).
