[HISTORY: Adopted by the Board of Commissioners (now the Council) of the City of Perth Amboy 8-18-70 as Ord. No. C-866. Amendments noted where applicable.]
No person, firm or corporation within the City of Perth Amboy shall offer for sale on an open counter or shelf for self-service purchase any preparation or medicine containing more than two percent (2%) alcohol by volume, or dextromethorphan or phenobarbital or salts of phenobarbital, or ephedrine or salts of ephedrine, or belladonna or belladonna alkaloids.
[Amended 4-3-73 by Ord. No. 15-73]
No person, firm or corporation within the City of Perth Amboy shall sell to any person under the age of eighteen (18) years any preparation or medicine containing more than two percent (2%) alcohol by volume, or dextromethorphan or phenobarbital or salts of phenobarbital, or ephedrine or salts of ephedrine, or belladonna or belladonna alkaloids; provided, however, that the establishment of all of the following facts by a person, firm or corporation making any such sale shall constitute a defense to any prosecution therefor:
A. 
That the minor falsely represented, in writing, that he or she was eighteen (18) years of age or over.
B. 
That the appearance of the minor was such that an ordinary prudent person or agent of such firm or corporation would believe him or her to be eighteen (18) years of age or over.
C. 
That the sale was made in good faith, relying upon such written representation and appearance and reasonable belief that the minor was actually eighteen (18) years of age or over.
Preparations such as mouthwashes, hair tonics, aftershave lotions and other external preparations not usually subject to drug abuse are exempt from the provisions of this chapter.
Any person, firm or corporation violating the provisions of this chapter shall, upon conviction, be punished by a fine of not to exceed five hundred dollars ($500) or by imprisonment in the county jail for a period of not to exceed ninety (90) days, or by both such fine and imprisonment, and each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.