[HISTORY: Adopted by the Mayor and Township Council of the
Township of Toms River 12-9-2008 by Ord. No. 4168-08.[1] Amendments noted where applicable.]
GENERAL REFERENCES
[1]
Editor's Note: This ordinance repealed former Ch. 462, Tobacco
Products, Sale of, adopted 10-26-1994 by Ord. No. 3058-94.
As used in this chapter, the following terms shall have the
meanings indicated:
Any electronic product that can be used to simulate smoking
in the delivery of nicotine or other substances to the person inhaling
from the device, including but not limited to an electronic cigarette,
electronic cigarillo, or electronic pipe and any cartridge or other
component of the device or related product.
[Added 11-26-2019 by Ord.
No. 4650-19]
The Administrative Officer of the Toms River Township Board
of Health and/or his or her authorized representative.
Any place licensed by the State of New Jersey to primarily
sell, at retail, beer, wine, and mixed spirits for consumption on
the premises.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee or any other
legal entity.
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 or tobacco or electronic smoking
devices are made to purchasers for consumption or use and shall include
persons or entities that own or operate vending machines and/or a
vending machine location.
[Amended 11-26-2019 by Ord. No. 4650-19]
Any automated, self-service device which, upon insertion
of money, tokens or any other form of payments, dispenses cigarettes
or other tobacco products.
The room, enclosure, space or area where a tobacco vending
machine is installed and operated.
[Amended 11-26-2019 by Ord. No. 4650-19]
A.
It shall be unlawful for anyone, including a tobacco retailer, to
sell, give, or permit be sold or given, to a person under 18 years
of age, tobacco in any form, including electronic smoking devices.
B.
It shall be unlawful for any person to purchase an electronic smoking
device, tobacco, or tobacco product with funds furnished by a minor.
C.
It shall be unlawful for any person to purchase an electronic smoking
device, tobacco, or tobacco product with the intent to sell, give,
or otherwise furnish such a product to a minor.
[Amended 11-26-2019 by Ord. No. 4650-19]
It shall be unlawful for a tobacco retailer to sell or permit
tobacco products or electronic smoking devices to be sold to any individual
under the age of 18 unless the seller has a reasonable basis for determining
that the buyer is of the legal age of 18.
[Amended 11-26-2019 by Ord. No. 4650-19]
A.
It shall be unlawful for any tobacco retailer to allow, suffer, or
permit the sale of tobacco products or electronic smoking devices
on his or her premises by any person under the age of 18 years.
B.
In all retail establishments selling tobacco products or electronic
smoking devices, a six-by-eight-inch sign shall be posted in a conspicuous
place near the cash register stating the following:
|
SALES OF, OR OFFERS TO SELL, TOBACCO PRODUCTS OR ELECTRONIC
SMOKING DEVICES TO A PERSON UNDER 18 YEARS OF AGE IS PROHIBITED UNDER
STATE LAW AND TOWNSHIP ORDINANCES. VIOLATORS ARE SUBJECT TO PROSECUTION.
|
[Amended 11-26-2019 by Ord. No. 4650-19]
It shall be unlawful for a tobacco retailer to offer for sale
or to sell any tobacco product or electronic smoking device through
a vending machine in the Township, except in the following instances:
A.
In any premises or portion thereof to which access by minors is expressly
prohibited by law or by the expressed policy of the owner of the premises;
provided, however, that the tobacco vending machine is:
(1)
Located fully within such premises or section of premises from which
minors are prohibited.
(2)
Under the visual supervision of the tobacco retailer or his or her
adult employee, so that all purchases from the machine are readily
observable.
(3)
Inaccessible to the public when the businesses are closed.
B.
In any premises such as a factory, business, office, industrial plant
or other place where the public is generally not given access and
where such machines are intended for the use of employees 19 years
of age or older or other adults, in each premises, provided that the
tobacco vending machine in each premises is:
C.
In any premises or portion thereof where the principal use is for
the retail sale of alcoholic beverages pursuant to the New Jersey
Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq., where access
by persons under 19 years of age is prohibited by law, provided that
the tobacco vending machine is:
D.
In all other instances, locations and places, a tobacco vending machine
shall be permitted to operate only if the operation of the machine
to vend tobacco products is possible only by the activation of an
electronic switch or other device, which is controlled by the proprietor
or employee at or over the age of 19, and only after the proprietor
or employee has made the reasonable determination that the person
wishing to use the tobacco vending machine is 19 years of age or older.
[Amended 11-26-2019 by Ord. No. 4650-19]
A.
The Drug-Free School Zones established pursuant Chapter 269 of the Township Code are hereby also designated as Tobacco- Free School Zones, within which it is prohibited to sell, offer to sell, give, or permit to be sold or given to a person under the age of 18 tobacco in any form or an electronic smoking device in the area on or within 1,000 feet of school property.
B.
It shall also be unlawful for a person under 18 years of age to possess,
smoke, or otherwise use a tobacco product or electronic smoking device
or to possess in open view an opened carton or other container, as
evidenced by a broken seal, holding a tobacco product in or on school
property as defined in the Drug-Free School Zone/Tobacco-Free School
Zone Map.
C.
Except for premises described in § 462-5B, it shall be unlawful for a tobacco retailer to operate a vending machine that dispenses tobacco, tobacco products, or electronic smoking devices, or associated products, in or on any premises, or portion thereof within 1,000 feet of any public or private school or other property used primarily for school purposes.
It shall be unlawful for any tobacco retailer responsible for the operation of a tobacco vending machine to remove, disconnect or otherwise disable the remotely activated electronic switch or device on a tobacco vending machine in a location where § 462-5 of this chapter provides for a vending machine to be so equipped.
A.
Any person, either acting directly or indirectly through an agent, who sells or offers for sale, gives away, delivers or otherwise furnishes to a person under the age of 19 years any tobacco or tobacco product, in any form, including smokeless tobacco or any other matter or substance which can be smoked, either from a vending machine or by retail counter sales, shall be given a warning pursuant to Subsection B of this section for a first offense and shall be fined $250 for second or subsequent offense.
B.
The local Board of Health, or the board, body or officers exercising
the function of a local Board of Health, having determined that a
licensee or other person is in violation of this section, shall, by
written notification, not later than 60 days after discovery of an
alleged violation, advise the person of the violation and that any
subsequent failure or refusal to comply with this chapter is subject
to the fine prescribed in this chapter.
C.
Any penalty recovered under the provisions of this chapter shall
be recovered by and in the 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.
D.
Every Municipal Court shall have jurisdiction over proceedings to
enforce and collect any penalty imposed because of the violation of
any provision of this chapter, if the violation has occurred within
the territorial jurisdiction of the Court. The proceedings shall be
summary and in accordance with the Penalty Enforcement Law (N.J.S.A.
2A:58-1 et seq.).[1] Process shall be in the nature of a summons or warrant
and shall be issued by the local Board of Health or the municipal
law enforcement authority.
[1]
Editor's Note: See now the Penalty Enforcement Law of 1999,
N.J.S.A. 2A:58-10 et seq.
E.
The Health Officer or his or her designee, or any other person charged
with enforcement of this chapter, after giving proper identification,
may inspect any matter, thing, premises or place as may be necessary
for the proper enforcement hereof.
F.
It shall be unlawful for any person to oppose or otherwise obstruct
a Health Officer, or his or her designee, in the performance of duties
hereunder, and he or she may request the assistance of a law enforcement
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
chapter 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. As an alternative or
in addition to the provisions of this section, any person licensed
as a retail dealer under the Cigarette Tax Act (N.J.S.A. 54:40A-1
et seq.), for each unauthorized tobacco vending machine remaining
at any prescribed location after the effective date of this chapter,
may be fined not less than $100 nor more than $500 for each day placement
of the vending machine is in violation of this chapter.
This chapter shall be liberally construed for the protection
of the health, safety and welfare of the people of this municipality.
