Borough of Swedesboro, NJ Chapter 306 Tobacco Sales

[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 7-6-2004 (Ch. 99, Art. I, of the 1982 Code). Amendments noted where applicable.]

§ 306-1 Definitions and word usage.

A. Interpretation. When not inconsistent with the context, words used in the present tense include the future, words used in the singular number include the plural number, and words used in the plural number shall include the singular. The word "shall" is mandatory, and not merely discretionary. Words and terms of expression not defined herein shall be interpreted in the manner of their commonly accepted meaning.

B. Definitions. As used in this chapter, 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 drinks and spirits for consumption on the premises.

CODE ENFORCEMENT OFFICER

Any person employed by the Borough of Swedesboro in the capacity of enforcing the laws of the State of New Jersey and the ordinances of the Borough of Swedesboro. This would include but not be limited to all sworn members of the Police Department.

PERSON

An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

RESTAURANT

Any place licensed by the Borough of Swedesboro to sell food at retail.

SELF-SERVICE CIGARETTE OR TOBACCO PRODUCT DISPLAY

Any shelving or storing of cigarettes in any 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.

TAVERN

Any place licensed by the State of New Jersey to primarily sell at retail, beer, wine, mixed spirit drinks 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. Tobacco retailer 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 cigarettes or other tobacco products.

VENDING MACHINE LOCATION

The room enclosure, space or area where a tobacco vending machine is installed and operated.

§ 306-2 Prohibition of tobacco sales to minors; limitations of location of vending machines.

A. Prohibition of tobacco sales to minors. It shall be unlawful for tobacco retailers to sell tobacco to a person under 19 years of age.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Identification required. 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 of 19 years or greater, unless the seller has some other conclusive basis for determining the buyer is over the age of 19 years.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Prohibition of vending machine sales. It shall be unlawful for a tobacco retailer to possess a vending machine and/or to offer for sale tobacco through a vending machine in the Borough of Swedesboro, provided that this section shall not prohibit the installation and use of tobacco vending machines by a tobacco retailer in:

(1) Any premises or portion thereof to which access by minors is expressly prohibited by law or by policy of the owner of the premises; provided, however, that the tobacco vending machine is:

(a) Located fully within such premises, or section of premises, from which minor are prohibited;

(b) Said vending machine is not less than 20 feet distant from all entrance and/or exit ways. If 20 feet will not serve the purpose of limiting access by minors to vending machines, said vending machine shall be placed in a location to be approved by the Code Enforcement Officer, or his designee, that is sufficiently restrictive so as to limit access by minors; and

(c) Said vending machine is in a location that is under the direct visual supervision of the tobacco retailer or his/her adult employee during the hours the machine is accessible to the public.

(2) Commercial buildings or industrial plants or portions thereof where the public is expressly prohibited and where such machines are strictly for the use of employees therein, provided that the area must be designated as not open to the public and where no minor employees are admitted.

(3) A restaurant, tavern, or bar, provided that:

(a) The tobacco vending machine is located fully within such premises;

(b) Said vending machine is not less than 20 feet from all entrance and/or exit ways. If 20 feet will not serve the purpose of limiting access by minor is to the vending machine, said vending machine shall be placed in a location to be approved by the Code Enforcement Officer or his designee; and

(c) Said vending machine is in a location that is under the direct visual supervision of the tobacco retailer or his/her adult employee during the hours the machine is accessible to the public.

D. All public vending machines made unlawful by the terms of this chapter shall be removed within 30 days from the effective date of this chapter.

§ 306-3 Prohibition of self-service racks of tobacco products.

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 of cigarettes or tobacco products in the Borough of Swedesboro.

§ 306-4 Prohibition of tobacco advertising at child's eye level.

With the exception of permitted vending machines, it shall be unlawful for tobacco retailers to display, advertise, or offer for sale, tobacco products in any location in which minors are permitted at a height at less than four feet or adjacent to candy or items specifically intended for sale to or for children.

§ 306-5 Enforcement.

A. Complaint. Whenever the Code Enforcement Officer, or his designee, reasonably believes that there exists a violation of this chapter, he/she may issue a summons and complaint no 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 chapter alleged to have been violated. The complaint shall be delivered or sent by certified mail to the alleged violator.

B. Right of entry and inspection.

(1) The Code Enforcement Officer, or designee, or any other person charged with the enforcement of this chapter, after giving proper identification, may inspect any matter, thing, premises, place, record, vehicle, incident or event as necessary.

(2) It shall be unlawful for any person to molest, willfully oppose, verbally abuse, or otherwise obstruct the Code Enforcement Officer, or his designee, or any other person charged with enforcement of this chapter during the routine performance of his/her duties.

(3) The Code Enforcement Officer, or designee, may request the assistance of the Police Department, or other police agency or peace officer, when necessary to execute his/her official duty in a manner prescribed by law.

§ 306-6 Other laws and regulations.

A. This chapter shall supplement the ordinances of the Borough of Swedesboro and all other statutes duly enacted by the State of New Jersey and the County of Gloucester relating to public heath and safety. Where the provisions of any other state law, local ordinance or regulation, or administrative rules apply, or the laws or regulations of the United States, the more restrictive of any or all laws, ordinances, regulations or rules shall prevail.

B. This chapter shall be liberally construed for the protection of the health, safety, and welfare of the people of the Borough of Swedesboro.

§ 306-7 Power to establish policy and guidelines.

The Code Enforcement Officer, or his designee, is hereby granted the authority to establish policies and guidelines, not in conflict with the purpose and intent of this chapter, for the purpose of carrying out the responsibilities herein delegated to the Code Enforcement Officer by law. These policies and procedures are subject to review by the Borough of Swedesboro Clerk.

§ 306-8 Violations and penalties.

A. Unless otherwise provided by law, statute or ordinance, any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished as set forth in Chapter 1, Article I, General Provisions, § 1-15, General penalty. Complaint shall be made in the Municipal Court or before such other judicial officer having authority under the laws of the State of New Jersey.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Each sale of tobacco to a minor shall constitute a separate violation.

§ 306-9 Reservation of rights.

A. Borough of Swedesboro specifically reserves and retains the right to pursue all other legal and equitable remedies in order to fully enforce the provisions of this chapter as they pertain to the health, safety, and welfare of the people of the Borough of Swedesboro.

B. If any chapter, section, subsection or paragraph of this chapter is declared to be unconstitutional, invalid or inoperative, in whole or in part by a court of competent jurisdiction, such chapter, section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and such determination shall not be deemed to invalidate the remaining chapters, section, subsection or paragraphs of this chapter.