As used in this chapter:
ELECTRONIC SMOKING DEVICE
An electronic 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.
HEALTH OFFICER
The administration officer of the Roseland Board of Health
and/or his or her authorized representative.
LICENSED PREMISES
Any place licensed by the State of New Jersey to primarily
sell at retail beer, wine and/or mixed spirits for consumption on
the premises.
LIQUID ELECTRONIC SMOKING SOLUTION CONTAINER
A bottle or other container of liquid, wax, gel or other
substance, where the liquor or other contained substance is sold,
marketed or intended for use in a vapor product that does not include
containers prefilled and sealed by the manufacturer and not intended
to be opened by the consumer.
PERSON
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee or any other
legal entity.
SELF-SERVICE DISPLAY
Any shelving or storing of tobacco products in an area of
the establishment to which customers have access, or in a location
where a customer could reach the tobacco products and take the same
without the assistance of an employee of the establishment.
TOBACCO
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.
TOBACCO PRODUCT
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.
TOBACCO RETAILER
Any person or entity who or which operates a store, stand,
booth, concession or place at which sales of tobacco are made to purchasers
for consumption or use and shall mean a person or entity that owns
or operates a vending machine and/or a vending machine location.
VAPOR PRODUCT
Any noncombustible product that employs a heating element,
power source, electronic circuit or other electronic, chemical or
mechanical means, regardless of shape or size, to produce a vapor
from a solution or any form, including any electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe or similar product or
device, and any vapor cartridge or other container in the a solution
or other form intended to be used with, or in, any such device.
VENDING MACHINE
Any automated, self-service device which, upon insertion
of money, tokens or any other form of payments, dispenses cigarettes
or other tobacco products.
It shall be unlawful for any person, either directly or indirectly
by an agent or employee, or by a vending machine owned by the person
or located in the person's establishment to sell, offer for sale,
give or permit to be given to a person under 21 years of age any tobacco,
including any cigarettes made of tobacco or any other matter or substance
which can be smoked, or any cigarette paper or tobacco in any form,
including smokeless tobacco and/or any electronic smoking 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 liquid electronic smoking
solution, liquid electronic smoking solution container, or vapor product.
Any person selling tobacco or electronic smoking devices, liquid
electronic smoking solutions, liquid electronic smoking solution containers
or vapor products 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, liquid
electronic smoking solutions, liquid electronic smoking solution containers
or vapor products is younger than 21 years of age. No person shall
sell tobacco or electronic smoking devices, liquid electronic smoking
solutions, liquid electronic smoking solution containers or vapor
products to a person under 21 years of age who has a note from an
adult requesting such sale.
Tobacco retailers shall conspicuously post and reasonably maintain
signs, having a minimum size of six inches by eight inches, where
tobacco or electronic smoking devices, liquid electronic smoking solutions,
liquid electronic smoking solution containers, and vapor products
are displayed and at all checkout counters notifying customers that
proof of age is required to purchase such products.
No tobacco retailer selling tobacco or electronic smoking devices,
liquid electronic smoking solutions, liquid electronic smoking solution
containers, and/or vapor products shall allow an employee to sell
or distribute such products until the employee has read the Borough
ordinances and state laws pertaining to the sale and distribution
of tobacco and electronic smoking devices, liquid electronic smoking
solutions, liquid electronic smoking solution containers, and vapor
products and has signed a statement that the employee has read such
ordinances and state laws. Such form statement shall be supplied by
the Board of Health, 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 Board of Health.
Self-service displays of tobacco products or electronic smoking
devices, liquid electronic smoking solutions, liquid electronic smoking
solution containers or vapor products are prohibited, and it shall
be unlawful to offer for sale or to sell such products from a self-service
display in the Borough of Roseland.
It shall be unlawful for any tobacco retailer responsible for
the operation of a tobacco vending machine to remove, disconnect or
otherwise disable the remotely activated electronic switch or device
on a tobacco vending machine where provisions of this chapter provide
for a vending machine to be so equipped.
No cigarette vending machine shall be placed on or in any establishment
permitted by this chapter unless the owner or lessee of the machine
provides, in writing, to the Borough, for each individual cigarette
vending machine, the names and business addresses of a person or persons
who shall serve as attendant and deputy attendant for that machine.
More than one attendant and/or deputy attendant may be appointed in
reference to a single cigarette vending machine, provided that the
owner or lessee states the time periods when each of two or more attendants
and/or deputy attendants for a single cigarette vending machine shall
be the attendant or deputy attendant on duty and thus responsible
for compliance with this chapter.
The attendant and, in his/her stead, the deputy attendant shall
be responsible for the penalties and fees which may, upon conviction,
be imposed for violations of this chapter. Nothing in this chapter
shall prohibit the employer of an attendant from paying penalties
imposed under this chapter, but payment by the employer shall not
be required.
The attendant and, in his/her stead, the deputy attendant shall:
a. Be at least 21 years of age or more, as certified by the Borough
Health Officer;
b. Be responsible for placing and maintaining the cigarette vending
machine in accordance with the provisions of this chapter;
c. Have a clear unobstructed line of sight between his/her normal place
of transacting business and the location of the cigarette vending
machine;
d. Be responsible to make those cigarette vending machines for which
he/she is responsible inoperable during any time when the public has
access to said machines but for any reason the attendant or deputy
attendants are not available to attend the machines;
e. Be an employee or agent of the firm, corporation, partnership or
entity having possessory interest, including but not limited to leaseholds,
in the establishment where the cigarette vending machine is located;
and
f. Be deemed in violation of this chapter if he/she permits a person
who is under the age of 21 years to purchase a product from a cigarette
vending machine.
A tobacco vending machine which is not permitted under this
chapter may be seized, forfeited and disposed of in the same manner
as other unlawful property seized under N.J.S.A. 2C:64-1 et seq. Any
machine so seized shall be returned to its owner, upon payment of
the reasonable costs incurred in connection with the seizure. As an
alternative, or in addition to the provisions of this section, any
tobacco retailer, for each unauthorized tobacco vending machine remaining
at any prescribed location after the effective date of this chapter,
may be fined $500 for each day placement of the vending machine is
in violation of this chapter.