As used in this article, the following terms shall have the
meanings indicated:
BOROUGH AGENCY
A commercial or other bureau furnishing some form of service
for or to the public or otherwise under the general auspices of the
Borough of Kenilworth.
MUNICIPAL BUILDING
A building or portion of a building owned or leased by the
Borough of Kenilworth.
All municipal buildings or agencies affected by this article
shall be identified by signs posted by the department/division thereof
with letters at least one inch in height stating "SMOKING PROHIBITED"
or designated by the appropriate smoking prohibited international
symbol. The letters or symbols shall contrast in color with the sign.
Every sign required by this section shall be located so as to be clearly
visible to the public and employees.
Where the Department of Health has reason to suspect that any
official and/or employee may be in violation of this article, the
Department shall first give written notice to the suspected violator
and an opportunity to be heard. If the Department subsequently determines
that this article has in fact been violated, the official and/or employee
may be subject to disciplinary action pursuant to the appropriate
laws, regulations and civil service guidelines.
[Added 8-28-2002 by Ord.
No. 2002-12]
As used in this article, the following terms shall have the
meanings indicated:
HEALTH OFFICER
The Health Officer of the Borough of Kenilworth and/or his
or her authorized representatives.
PERSON
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee, or any other
legal entity.
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.
VENDING MACHINE
Any automated, self-service device which, upon insertion
of money, tokens or any other form of payment, dispenses cigarettes
or other tobacco products.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
In addition to the existing New Jersey state prohibitions regarding
the sale of tobacco products to minors under 21 years of age, the
following shall apply throughout the Borough of Kenilworth:
A. Sign requirements.
A sign having a minimum size of six inches by eight inches shall be
posted in a conspicuous place near each cash register in all retail
establishments which sell tobacco products and shall contain the following
language:
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SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 21 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 21 years of age may be
prosecuted in accordance with state and local ordinances.
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[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 21 years or greater, unless the seller has some other conclusive
basis for determining the buyer is over the age of 21 years.
All self-service displays for tobacco products, including cigarettes
and snuff, are prohibited. All tobacco products must be dispensed
to the customer by the clerk from a rack or display that is behind
the counter.
It shall be unlawful to offer for sale or to sell tobacco through
a tobacco vending machine in the Borough of Kenilworth.
All tobacco vending machines made unlawful by the terms of this
article shall be removed within 30 days from the effective date of
this article.
This article shall take effect immediately upon passage and
publication as required by law.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Any person, firm or corporation who or which violates any provision of this article shall, upon conviction, be subject to the general penalty set forth in Chapter
1, Article
I, General Penalty, of the Borough of Kenilworth Code.