[HISTORY: Adopted by the City Council of the City of East Orange as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-10-2017 by Ord. No. 14-2017]
No person, either directly or indirectly by an agent or employee, shall sell or offer to sell to a person under 18 years of age any product containing dextromethorphan.
A person who violates the provisions of this article, including an employee of a retail establishment who under 18 years of age, shall be liable to a civil penalty of not more than $250 for a first violation, not more than $500 for a second violation, and not more than $1,000 for a third and each subsequent violation. In the case of a retail establishment that is part of a chain with two or more locations in the state, the violation shall be assessed against the particular retail establishment and not the chain. The civil penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. An official authorized by statute or ordinance to enforce the state or local health codes or a law enforcement officer having enforcement authority in that municipality may issue a summons for a violation of the provisions of § 180-1 of this article, and may serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court. A penalty recovered under the provisions of this section shall be recovered by and in the name of the state by the local health agency. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality.
The establishment of all of the following shall constitute an affirmative defense to any prosecution initiated pursuant to this article:
That the purchaser of the product falsely represented, by producing either a driver's license or nondriver identification card issued by the New Jersey Motor Vehicle Commission, a similar card issued pursuant to the laws of another state or the federal government or Canada, or a photographic identification card issued by a County Clerk, that the purchaser was of legal age to make the purchase.
That the appearance of the purchase of the product was such that an ordinary prudent person would believe the purchaser to be of legal age to make the purchase.
That the sale of the product was made in good faith, relying upon the production of the identification set forth above, the appearance of the purchaser and in reasonable belief that the purchaser was of legal age to make the purchase.
This article shall not be construed so as to apply to prescription medications containing dextromethorphan that are dispensed by a licensed pharmacist pursuant to a valid prescription.