[HISTORY: Adopted by the Township Committee
of the Township of Maplewood as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-21-1994 by Ord. No. 1944]
The sale of tobacco products from vending machines
is prohibited within the Township. This prohibition shall apply to
all cigarette vending machines except those cigarette vending machines
located in private clubs or other establishments that are not open
to the general public.
[Adopted 6-8-2016 by Ord.
No. 2814-16]
As used in this chapter, the following terms shall have the
meanings indicated:
The Maplewood Township Health Department.
The Maplewood Township Health Officer ("Health Officer")
and/or his/her authorized representative.
Any product that is designed to deliver nicotine or vapor,
including, but not limited to, what are commonly known as "e-cigarettes"
or other types of electronic smoking devices, or any cartridge or
other component of such device, or related products, including but
not limited to any substances used in such devices, such as liquids
or powders or other forms of tobacco, but excluding United States
Food and Drug Administration approved nicotine patches or nicotine
chewing gum.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee, or any their
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 of tobacco or nicotine delivery
products are made to purchasers for consumption or use. The term shall
also mean any person or entity that owns, operates or uses a tobacco
vending machine and/or a tobacco vending machine location as defined
herein.
Any automated, self-service device which, upon insertion
of money, tokens, or other form of payment, dispenses nicotine delivery
products, cigarettes, or other tobacco products.
The room, enclosure, space or area where a tobacco vending
machine is installed and operated.
A.
No person shall sell tobacco or nicotine delivery products in the
Township of Maplewood unless an employee of the establishment controls
the sale of such products. A person may only sell tobacco or nicotine
delivery products in a direct, face-to-face exchange between the retailer
and the consumer. Self-service displays and vending machines of tobacco
or nicotine delivery products are prohibited.
B.
No person shall sell, distribute, or give tobacco or nicotine delivery
products to any person under the age of 21.
C.
Tobacco retailers shall conspicuously post and reasonably maintain
signs having a minimum size of six inches by eight inches where tobacco
or nicotine delivery products are displayed and at all checkouts which
state: "Sale of tobacco products and e-cigarettes to persons under
the age of 21 is prohibited by Maplewood Township Ordinance."
D.
Any person selling tobacco or nicotine delivery products shall verify
by means of government-issued photographic identification containing
the bearer's date of birth that no person purchasing the tobacco
or nicotine containing the products is younger than 21 years of age.
No such verification is required for any person over the age of 26.
No clerk shall sell tobacco or nicotine delivery products to a person
less than 21 years of age who has a note or any form of communication
from any person, including an adult.
E.
No person or tobacco retailer selling tobacco or nicotine delivery
products shall allow an employee to sell or distribute such products
until the employee has read this Ordinance and has signed a statement
that the employee has read this Ordinance. Such form statement will
be supplied by the Health Department and the signed original statement
shall be filed with the Health Department and a copy shall be kept
on file by the tobacco retailer and made available for review by the
Health Department.
A.
The enforcement authority for this chapter shall be the Township
of Maplewood Health Officer or his/her designee and officers of the
Maplewood Police Department.
B.
The Township of Maplewood Health Officer may, after giving proper
identification, inspect any matter, thing, premises, place, person,
record, vehicle, incident, or event as necessary to execute his or
her official duties in a manner prescribed by law.
C.
It shall be unlawful for any person to molest, willfully oppose,
verbally abuse or otherwise obstruct the Health Officer in his/her
enforcement of this chapter, and the Health Officer may request the
assistance of the Maplewood Township Police Department or other police
agency or peace officer when necessary to execute his or her official
duties in a manner prescribed by law.
D.
Citizens may bring complaints against violators of this chapter.
A.
A person who violates the provisions of this chapter including any
employee of a retail dealer licensed under P.L. 1948, c. 65 (N.J.S.A.
54:40A-1 et seq.) who actually sells or otherwise provides tobacco
product to a person under 21 years of age, shall be liable for a civil
penalty of $250 for the first violation, $500 for the second violation,
and $1,000 for the third and each subsequent violation. Complaint
shall be made in the Maplewood Municipal Court.
B.
Each sale of tobacco and/or nicotine delivery product to any person
under the age of 21 shall constitute a separate violation.
C.
In addition to the penalties set forth in Subsection A above, the Maplewood Township Board of Health may suspend the retail food establishment license of any person convicted of violation of this chapter, for a period of not more than three days, pursuant to the authority of the Board of Health to license and regulate food establishments as provided by N.J.S.A. 26:3-31(c).
