Borough of Mendham, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Borough of Mendham 3-5-1997 by Ord. No. 1-97. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 25.

§ 239-1 Purpose.

A. 
The Borough of Mendham Board of Health hereby finds and declares that:
(1) 
The Surgeon General of the United States has called for a ban on the sale of tobacco by vending machines.
(2) 
Medical and scientific evidence demonstrates that tobacco usage is addictive and causes serious health problems.
(3) 
The Surgeon General of the United States has concluded that cigarettes and other forms of tobacco are addictive in the same sense as are drugs such as heroin and cocaine.
(4) 
The Director of the National Institute on Drug Abuse has concluded that the majority of the 420,000 Americans who die each year from tobacco use became addicted to nicotine as adolescents before the age of legal consent.
(5) 
The selling, giving or furnishing of tobacco products to a person under 18 years of age is prohibited in New Jersey by N.J.S.A. 2A:170-51.
(6) 
It is difficult to prevent the sale of tobacco to minors by vending machines, and no penalty has been imposed by state statute upon minors for the purpose of tobacco.
B. 
This chapter is hereby adopted to safeguard the public health by declaring tobacco use, in general, to be a public nuisance and public health problem by prohibiting the sale of tobacco to minors, by prohibiting tobacco vending machines and tobacco vending machine sales and by prohibiting the use of self-service tobacco displays.

§ 239-2 Definitions.

A. 
Interpretation. When not inconsistent with the context, words used in the present tense include the future, words used in the singular number include the plural number and words used in the plural number shall include the singular. The word "shall" is mandatory and not merely discretionary. Words, terms or expressions not defined herein shall be interpreted in the manner of their commonly accepted meaning.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
BAR
Any place licensed by the State of New Jersey to primarily sell at retail beer, wine, mixed spirit drink and spirits for consumption on the premises.
BOARD OF HEALTH
The Borough of Mendham Board of Health.
HEALTH DEPARTMENT
The Borough of Mendham Health Department, and may be referred to herein as the "Department."
HEALTH OFFICER
The administrative officer of the Bernards Township Health Department and/or his or her authorized representative.
PERSON
An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee/assignee or any other legal entity.
RESTAURANT
Any place licensed by the State of New Jersey to sell food and, at retail, beer, wine, mixed spirit drinks and spirits for consumption on the premises.
TAVERN
Any place licensed by the State of New Jersey to primarily sell at retail, beer, wine, mixed spirit drink and spirits for consumption on the premises.
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 RETAILER
Any person or entity that operates a store, stand, booth, concession or place at which sales of tobacco are made to purchasers for consumption or use. Shall also mean a person or entity that owns, operates or uses a vending machine and/or a vending machine location.
VENDING MACHINE
Any automated, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarettes or other tobacco products.

§ 239-3 Prohibitions.

A. 
Prohibition of tobacco sales to minors. It shall be unlawful for a tobacco retailer to sell or permit to be sold tobacco to a person under 18 years of age.
B. 
Identification required. It shall be unlawful for a tobacco retailer to sell or permit to be sold tobacco to any individual without requesting and examining identification from the purchaser positively establishing the purchaser's age as 18 years or greater, unless the seller has some other conclusive basis for determining the buyer is over the age of 18 years.
C. 
Prohibition of tobacco vending machines, tobacco vending machine sales and self service tobacco display.
(1) 
It shall be unlawful to offer for sale or to sell tobacco through a tobacco vending machine in the Borough of Mendham.
(2) 
Self-service tobacco displays are prohibited in all retail establishments, including bars, taverns and restaurants.
D. 
All tobacco vending machines and self-service tobacco displays made unlawful by the terms of this chapter shall be removed within 30 days from the effective date of this chapter.

§ 239-4 Enforcement.

A. 
Complaint. Whenever the Health Officer, or his or her designee, reasonably believes that there exists a violation of this chapter, he or she may issue a summons and complaint not later than 90 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 article or section of this chapter alleged to have been violated. The complaint shall be hand delivered or sent by certified mail to the alleged violator.
B. 
Right of entry and inspection.
(1) 
The Health Officer, or his or her designee, or any other person charged with the enforcement of this chapter, after giving proper identification, may inspect any matter, thing, premises, place, person, record, vehicle, incident or event as necessary.
(2) 
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Health Officer or his or her designee, or any other person charged with enforcement of this chapter, during the routine performance of his or her duties.
(3) 
The Health Officer, or his or her designee, may request the assistance of the Borough of Mendham Police Department, or other police agency or peace office when necessary, to execute his or her official duty in a manner prescribed by law.
(4) 
Citizens may bring complaints against violators of this chapter.

§ 239-5 Other laws and regulations.

This chapter shall be liberally construed for the protection of the health, safety and welfare of the citizens of the Borough of Mendham.

§ 239-6 Power to establish policy and guidelines.

The Health Officer, or his or her designee, is hereby granted the authority to establish policies and guidelines, not in conflict with the purpose and intent of this chapter, for the purpose of carrying out the responsibilities herein delegated to the Health Officer by law. These policies and guidelines are subject to review by the Board of Health.

§ 239-7 Violations and penalties.

A. 
Unless otherwise provided by the law, statute or ordinance, any person violating any of the provisions of this chapter shall, upon conviction thereof, pay a penalty of not less than $50 nor more than $500 for each offense. Complaint shall be made in the Municipal Court of the Borough or before such other judicial officer having authority under the laws of the State of New Jersey. In addition, the Court shall have the power to impose other penalties provided by N.J.S.A. 26:3-77 and N.J.S.A. 26:3-78, and pursuant to the authority of the Board of Health, under the statutes of the State of New Jersey to maintain and foster health, safety and welfare.
B. 
Each sale of tobacco to a minor shall constitute a separate violation.
C. 
The Board of Health may suspend the Retail Food Establishment License of any person convicted of violation of this chapter, for a period of not more than three days, pursuant to the authority of the Board of Health to license and regulate food establishments as provided by N.J.S.A. 26:3-31(c), and pursuant to the authority of the Board of Health to maintain and foster the health, safety and welfare pursuant to state statute.

§ 239-8 Reservation of rights.

The Health Officer of Bernards Township and the Board of Health of the Borough of Mendham specifically reserve and retain the right to pursue all other local and equitable remedies in order to fully enforce the provisions of this chapter as they pertain to the health, safety and welfare of the people of the Borough of Mendham.