Town of Boonton, NJ
Morris County
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Table of Contents
Table of Contents
[Added 3-20-2018 by Ord. No. 1-2018]
The purpose of this article is to prohibit the sale, furnishing or giving of tobacco and nicotine delivery products to persons under the age of 21, and to provide for the licensure of all nicotine delivery products. The Town of Boonton recognizes the dangers and health risks associated with teenagers and young persons who start smoking, as set forth in various studies conducted by the United States Department of Health and surveys conducted by other entities. The Town of Boonton has concluded that it is appropriate to prohibit the sale, furnishing or giving of tobacco and nicotine delivery products within the Town of Boonton to persons under the age of 21.
The Board of Health adopts the following findings with respect to this section:
A. 
Cigarette smoking causes about one out of every five deaths in the United States every year (Centers of Disease Control and Prevention, 2014).
B. 
Ninety percent of all tobacco users start before the age of 21 (Campaign for Tobacco-Free Kids, 2015).
C. 
Every day, more than 1,200 people in this country die due to smoking (United States Surgeon General, 2016).
D. 
The younger a child begins smoking, the more likely it is that he/she will become a heavy smoker as an adult (Surgeon General's Report, 1994).
E. 
As of 2015, the American Academy of Pediatrics strongly recommends the minimum age to purchase tobacco products, including e-cigarettes, be increased to age 21.
F. 
Raising the minimum age of legal access to tobacco products to at least 21 years old would significantly reduce smoking rates, resulting in 223,000 fewer premature deaths, 50,000 fewer deaths from lung cancer, and 4.2 million fewer years of life lost for persons born between 2000 and 2019 (Institute of Medicine, 2015).
G. 
Seventy-five percent of U.S. adults support raising the age of tobacco product sales to age 21 (U.S. Centers for Disease Control and Prevention, 2015).
H. 
Teens that use e-cigarettes have a willingness to start smoking conventional cigarettes, more so than teens that do not use e-cigarettes (Tobacco Control Journal, 2015).
I. 
E-cigarette use amongst high school students has tripled from 2013 to 2014 (Center for Disease Control, 2015).
As used in this section:
ELECTRONIC SMOKING DEVICE
Any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, e-cigarillo, vape pen, or under any other product name or descriptor.
HEALTH DEPARTMENT
The Health Department of the Town of Boonton.
HEALTH OFFICER
The Health Officer of the Town of Boonton or his/her designee.
LICENSE
A license issued by the Town to a proprietor under the provisions hereof.
LIQUOR LICENSE
Any license to sell or distribute alcoholic beverages issued by the Town pursuant to the laws of the State of New Jersey.
MINOR
Any male or female under the age of 18 years.
NICOTINE DELIVERY PRODUCT
Any product that is designed to deliver nicotine, nicotine vapor or non-nicotine vapor, including, but not limited to, any type of electronic smoking device defined as an electronic or other powered device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo or pipe, or any cartridge or other component of the device or related product, including, but not limited to, any substances used in such devices such as liquids, gels or powders, or any forms of tobacco, but excluding United States Food and Drug Administration-approved nicotine patches or nicotine chewing gum.
PERSON
An individual, partnership, corporation, cooperative association, personal representative, receiver, trustee, assignee or any other legal entity.
PUBLIC PLACE
Any building or enclosed structure open to the general public and any street, road, sidewalk, walkway, park or open space located within the Town and maintained for use by the general public.
SMOKING
Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette or pipe, or any other lighted or heated matter or substance which contains tobacco, plant product or any other matter that can be smoked which is intended for inhaling and exhaling of smoke, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form. Smoking also includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this article.
TOBACCO
Any product made from the tobacco plant for the purpose of, including, but not limited to, smoking, chewing, inhaling or other use; including but not limited to cigars, chewing tobacco, pipe tobacco, snuff, shisha and cigarettes in any form; or shall mean any other matter or substance which can be smoked.
TOBACCO RETAILER
Any person that operates a store, stand, booth, concession or place at which sales of tobacco are made including a person that owns, operates or uses a vending machine.
TOWN
The Town of Boonton.
VAPOR/VAPE SHOPS AND/OR STORE
A retailer that either devotes 25% or more of floor area or display area to, or derives 75% or more of gross sales receipts from the sale or exchange of electronic smoking devices and/or electronic smoking device paraphernalia.
VENDING MACHINE
Any automated self-service device which, upon insertion of money, tokens or other form of payment, dispenses a tobacco product or nicotine delivery product.
A. 
No person shall sell, distribute or give tobacco or nicotine delivery products in the Town of Boonton 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 all vending machines of tobacco or nicotine delivery products shall be prohibited.
B. 
No person shall sell, distribute or give tobacco or nicotine delivery products to any person under the age of 21 years.
C. 
No person or tobacco retailer selling tobacco or nicotine delivery products shall allow the retailer, employee or any other person to sell, distribute or give such products until the retailer, employee or other person has read the Town of Boonton ordinances and state laws pertaining to the sale or distribution of tobacco and nicotine delivery products and has signed a statement that they have read such ordinances and state laws. Such form statement will be supplied by the Health Department and all signed original statements shall be kept on file by the tobacco retailer and made immediately available at all times for review by the Health Department. All retailers shall be in compliance with this provision by the effective date noted in Section 10.[1]
[1]
Editor's Note: This ordinance provided an effective date of 4-1-2018.
Any retailer, employee or other person selling, distributing or giving tobacco or nicotine delivery products shall verify, by means of government-issued photograph identification containing the bearer's date of birth, that no purchaser of tobacco or nicotine containing products is younger than 21 years of age. No such verification is required for any purchaser over the age of 26. No retailer, employee or other person shall sell, distribute or give tobacco or nicotine delivery products to a purchaser less than 21 years of age who has a note or any form of communication from any person.
The following six-inch-by-eight-inch sign shall be posted in a conspicuous place near each cash register in all retail establishments which sell tobacco products and/or nicotine delivery products:
SALE, DISTRIBUTION OR GIVING OF TOBACCO PRODUCTS OR NICOTINE DELIVERY PRODUCTS TO PERSONS 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 OR A NICOTINE DELIVERY PRODUCT TO A PERSON UNDER 21 YEARS OF AGE MAY BE PROSECUTED IN ACCORDANCE WITH STATE STATUTES AND THE TOWN OF BOONTON ORDINANCES. IF YOU ARE AWARE OF ANY RETAILER WHO IS VIOLATING THIS SECTION OF THE LAW, PLEASE CONTACT THE TOWN OF BOONTON HEALTH DEPARTMENT AT 973-402-9410, EXT. 631.
Self-service displays and vending machines of tobacco or nicotine delivery products shall be prohibited.
A. 
Except as provided in Subsection B of this section, smoking inside a tobacco retail establishment is prohibited.
B. 
Smoking (tasting) inside a tobacco retail establishment is only for pre-purchase sampling of a cigar or other expensive tobacco product, prior to making a multiunit purchase. Smoking (tasting) inside a tobacco retail establishment shall be limited to no more than two minutes prior to making a multiunit purchase from the tobacco retail establishment.
C. 
Seating, chairs, TVs, food/beverage menus and signage that condones continued smoking beyond pre-purchase sampling.
D. 
Smoking in exterior areas that can result in migration, seepage or recirculation of smoke to an indoor public place or a workplace at which smoking is prohibited. As such, all outdoor smoking shall be limited to 25 feet outside entrances, operable windows and ventilation systems of enclosed areas.
E. 
Private parties, food or drink, card games or gambling, game of chance, outdoor seating and alcoholic beverage.
A. 
No proprietor shall operate an electronic smoking device retail establishment in the Town of Boonton unless such proprietor has registered the establishment with the Board of Health and has received a license from the Health Officer.
B. 
A person purchasing an electronic smoking device retail establishment after the effective date of this chapter shall apply for a new license no later than 10 days prior to commencing operation under new ownership. Operators of an electronic smoking device retail establishment are required to notify the Board of Health of the impending sale of the electronic smoking device retail establishment no later than 30 days prior to the sale.
C. 
All licenses for an electronic smoking device retail establishment shall be renewed by January 31 each year of operation.
D. 
No license is transferable by sale or otherwise.
E. 
The license shall be posted in a conspicuous place in such establishment or, if an itinerant establishment, shall be readily available for display.
F. 
The funds collected by licensing such establishments shall be used to fund the development and maintenance of a Tobacco Age of Sale Enforcement Program and other smoking cessation, prevention and control programs.
A. 
The initial license fee for an electronic smoking device retail establishment shall be $1,000.
B. 
To renew a license for an electronic smoking device retail establishment, the fee shall be $750.
A. 
Whenever the Health Officer or his/her designee or a Police Officer of the Town of Boonton reasonably believes there exists a violation of this section, such officer shall issue a summons and complaint not later than 15 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 subsection(s) of this section alleged to have been violated. The complaint shall be delivered personally or sent via certified mail to the alleged violator.
B. 
The Health Officer, his/her designee or a Police Officer of the Town, after giving proper identification, and if no search or other warrant is required by law, may summarily inspect any matter, thing, premise, place, person, record, incident or event as necessary to enforce the provisions of this section.
C. 
It shall be unlawful for any person to willfully oppose or otherwise act to interfere with or obstruct the Health Officer or his/her designee or any Police Officer in the performance of duties under this section. The Health Officer or designee may request the assistance of the Police Department when necessary to execute his or her official duty in the manner prescribed by law.
D. 
Citizens may bring complaints against violators of this section.
A. 
A person having control of an indoor public place or workplace shall order a person smoking in violation of the Code and this article (person smoking illegally) to comply with the Code and this article, and may elect to provide the person smoking illegally with a copy of the notice provided at Appendix B[1], incorporated herein by reference.
[1]
Editor's Note: Said appendix is on file in the Town offices.
B. 
If, after having been ordered to comply with the Code and this article in accordance with § 303-83A above, a person smoking illegally continues to violate the Code and this article, the person having control of the indoor public place or workplace:
(1) 
Shall order the departure and removal of the person smoking illegally from the indoor public place or workplace; and
(2) 
In the discretion of the person having control of the indoor public place or workplace, s/he may request the assistance of law enforcement or peace officers with jurisdiction over the indoor public place or workplace to accomplish this departure and removal.
C. 
A person may file a complaint against a person smoking illegally in accordance with N.J.S.A. 26:3D-62 by:
(1) 
Contacting the local health agency with jurisdiction over the indoor public place or workplace and by adhering to complaint procedures each local health agency shall establish;
(2) 
Filing a complaint directly with the municipal court with jurisdiction over the establishment; or
(3) 
Filing the form of complaint at chapter Appendix C,[2] incorporated herein by reference, with the Indoor Environments Program.
[2]
Editor's Note: Said appendix is on file in the Town offices.
D. 
In addition to the fines and penalties listed in § 303-84, Penalties, this section shall not be construed to impair the ability of Town of Boonton Police Department or Health Department with jurisdiction to charge a person under any other applicable law, including N.J.S.A. 2C:33-13.
Any person may file a complaint against a person having control of an indoor public place or workplace who violates or fails or refuses to comply with or enforce the Code and this chapter by:
A. 
Contacting the local health agency with jurisdiction over the indoor public place or workplace and by adhering to complaint procedures each local health agency shall establish;
B. 
Filing a complaint directly with the municipal court with jurisdiction over the establishment; or
C. 
Filing the form of complaint at Appendix C[1] with the New Jersey Department of Health Indoor Environments Program.
[1]
Editor's Note: Said appendix is on file in the Town offices.
A. 
Unless otherwise provided by law, statute or ordinance, any person violating any provision of this article shall, upon conviction thereof, pay a fine of not less than $250 for the first violation, not less than $500 for the second violation, and not less than $1,000 for the third and each subsequent violation. Each violation, and every day in which a violation occurs, shall constitute a separate violation. The 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.
B. 
In addition, any violator of this article shall be subject to having any Town license held by the violator suspended, revoked or fined. No such action may be taken unless the requirements of due process are satisfied.
C. 
Any person who continually violates this article may also be charged in the Municipal Court or in Superior Court with maintaining a nuisance.
D. 
These penalties are in addition to any penalties that may be imposed including but not limited to penalties imposed by the New Jersey Code of Juvenile Justice, N.J.S.A. 2A:170-51, et seq. and N.J.S.A. 2C:33-13.1, et seq.
E. 
Each sale, furnishing or giving of tobacco and/or nicotine delivery product to any person under the age of 21 shall constitute a separate violation. Each violation, and every day in which a violation occurs, shall constitute a separate violation.
F. 
Fines and sanctions associated with this section shall be dedicated and forwarded to the Health Department to be used in connection with education and enforcement of this ordinance. The monies shall be maintained by the Chief Financial Officer or Administrator of the Town of Boonton.