Borough of Park Ridge, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Borough of Park Ridge as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-8-1994 by Ord. No. 94-1]
It shall be unlawful to sell tobacco to a person under 18 years of age.
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:
SALE OF TOBACCO PRODUCTS TO MINORS UNDER AGE 18 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.
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 18 years or greater, unless the seller has some other conclusive basis for determining that the buyer is over the age of 18 years.
A. 
It shall be unlawful to offer for sale or to sell tobacco through a tobacco vending machine in the Borough of Park Ridge.
B. 
Self-service cigarette displays are prohibited in all retail establishments.
All tobacco vending machines and self-service cigarette displays are made unlawful by the terms of this article and shall be removed within 30 days from the effective date of this article.
As used in this article, the following terms shall have the meanings indicated:
BAR
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.
HEALTH COMMISSION
The combined Boards of Health for the Borough of Park Ridge.
HEALTH DEPARTMENT
The Park Ridge Board of Health, and may be referred to herein as the "Department."
HEALTH OFFICER
The Administrative Officer of the Borough of Park Ridge and/or his or her authorized representative.
PERSON
An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
TAVERN
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.
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.
TOBACCO RETAILER
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 shall also mean a person or entity that owns, operates or uses a vending machine and/or a vending machine location.
VENDING MACHINE
Any automated self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarette or other tobacco products.
VENDING MACHINE LOCATION
The room, enclosure, space or area where a tobacco vending machine is installed and operated.
A. 
Whenever the Health Officer or his/her designee reasonably believes that 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 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 designee, 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 Park Ridge Police Department or other police agency or peace officer when necessary to execute his or her official duty in a manner prescribe by law.
D. 
Citizens may bring complaints against violators of this article.
This article shall be liberally construed for the protection of the health, safety and welfare of the people of the Borough of Park Ridge.
A. 
Unless otherwise provided by law, statute or ordinance, any person violating any of the portions of this article 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 Courts of the Borough of Park Ridge or before such other judicial officer having authority under the laws of the State of New Jersey.
B. 
Each sale of tobacco to a minor shall constitute a separate violation.
C. 
The Health Commission may suspend the retail food establishment license of any person convicted of violation of this article for a period of not more that three days, pursuant to the authority of the Health Commission to license and regulate food establishments as provided by N.J.S.A. 26:3-31c.