[Adopted 4-14-2015 by Ord. No. 15-1884]
A.
No person shall sell tobacco products or electronic smoking devices as defined in § 165-5 of this Code in the Borough of Highland Park unless the sale of such products is controlled by an employee of the establishment. A person may only sell tobacco products or electronic smoking devices in a direct, face-to-face exchange between the retailer and the consumer or by an internet sale. Self-service displays of tobacco products or electronic smoking devices shall be prohibited.
B.
No person shall sell tobacco products or electronic smoking devices
to any person under the age of 21 years or give tobacco products or
electronic smoking devices to any person under the age of 21.
C.
Retail establishments where tobacco products or electronic smoking
devices are sold shall conspicuously post and reasonably maintain
signs having a minimum size of six inches by eight inches where these
products are displayed and at all check-out counters notifying customers
that proof of age is required to purchase tobacco products or electronic
smoking devices. Internet sales shall also notify customers that proof
of age is required to purchase tobacco products or electronic smoking
devices.
D.
All employees selling tobacco products or electronic smoking devices
shall verify by means of government-issued photographic identification
containing the bearer's date of birth that no person purchasing the
tobacco or electronic smoking devices is younger than 21 years of
age. No such verification is required for any person over the age
of 26. No employee shall sell tobacco products or electronic smoking
devices to a person under 21 years of age who has a note from an adult
requesting such sale. All Internet sales shall also require the customer
certifying that he or she is at least 21 years of age.
E.
No owner of a retail establishment selling tobacco products or electronic
smoking devices shall allow an employee to sell or distribute such
products until the owner has had the employee read the Borough of
Highland Park ordinances and state laws pertaining to the sale or
distribution of tobacco products and electronic smoking devices. The
owner shall sign a statement that the employee(s) have read such ordinances
and state laws. Such statement will be supplied by the Board of Health
and kept on file at the establishment subject to review by the Health
Officer.
This article shall be enforced by the Borough of Highland Park
Police Department, Borough of Highland Park Code Enforcement Office
and the Borough of Highland Park Health Officer, all of which shall
be authorized to issue summonses to violators.