[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:
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.
The Health Department of the Town of Boonton.
The Health Officer of the Town of Boonton or his/her designee.
A license issued by the Town to a proprietor under the provisions
hereof.
Any license to sell or distribute alcoholic beverages issued
by the Town pursuant to the laws of the State of New Jersey.
Any male or female under the age of 18 years.
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.
An individual, partnership, corporation, cooperative association,
personal representative, receiver, trustee, assignee or any other
legal entity.
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.
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.
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.
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.
The Town of Boonton.
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.
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.
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:
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.
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 chapter. The monies shall be maintained
by the Chief Financial Officer or Administrator of the Town of Boonton.
