[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.
A.Â
The Borough of Mendham Board of Health hereby finds and
declares that:
(1)Â
The Surgeon General of the United States has called for
a ban on the sale of tobacco by vending machines.
(2)Â
Medical and scientific evidence demonstrates that tobacco
usage is addictive and causes serious health problems.
(3)Â
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)Â
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)Â
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)Â
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.Â
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.
A.Â
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.Â
BAR
BOARD OF HEALTH
HEALTH DEPARTMENT
HEALTH OFFICER
PERSON
RESTAURANT
TAVERN
TOBACCO
TOBACCO RETAILER
VENDING MACHINE
As used in this chapter, the following terms shall have
the meanings indicated:
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.
The Borough of Mendham Board of Health.
The Borough of Mendham Health Department, and may be referred to
herein as the "Department."
The administrative officer of the Bernards Township Health Department
and/or his or her authorized representative.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee/assignee or any other legal entity.
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.
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.
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.
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.
Any automated, self-service device which, upon insertion of money,
tokens or any other form of payment, dispenses cigarettes or other tobacco
products.
A.Â
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.Â
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.Â
Prohibition of tobacco vending machines, tobacco vending
machine sales and self service tobacco display.
D.Â
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.
A.Â
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.Â
Right of entry and inspection.
(1)Â
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)Â
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)Â
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)Â
Citizens may bring complaints against violators of this
chapter.
This chapter shall be liberally construed for the protection of the
health, safety and welfare of the citizens of the Borough of Mendham.
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.
A.Â
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.Â
Each sale of tobacco to a minor shall constitute a separate
violation.
C.Â
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.
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.