[HISTORY: Adopted by the Borough Council of the Borough of Eatontown
1-8-1997 by Ord. No. 1-97; amended in its entirety 7-9-2003 by Ord. No. 21-2003.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Smoking — See Ch. 67.
As used in this chapter, the following terms shall have the meaning
indicated:
Any member of the Borough of Eatontown Police Department.
Individual, partnership, cooperative, association, corporation, limited
liability company, personal representative, receiver, trustee, assignee or
any other legal entity.
Any racks, stands or other display devices from which a customer
may take tobacco products directly with only payment to be made to the tobacco
retailer.
Any product made from the tobacco plant for the purpose of smoking,
chewing, inhaling and any other personal use, including cigars, chewing tobacco,
pipe tobacco and snuff, smokeless tobacco 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 purchase for consumption or
use and shall mean a person or entity that owns or operates a vending machine
and/or a vending machine location or self-service display.
Any automated, self-service device which, upon insertion of money,
tokens or any other form of payment, dispenses cigarettes or other tobacco
products.
It shall be unlawful for any person, including a tobacco retailer, to
sell, give or furnish to a minor under the age of 18 years, tobacco in any
form, including but not limited to over the counter sales or sales from a
vending machine or self-service tobacco display. It shall be a defense to
any prosecution brought under this section that the sale or distribution was
made in good faith, relying upon the production of the photographic identification
card or the appearance of the minor was such that an ordinary prudent person
would believe him to be of legal age.
It shall be unlawful for any person, including tobacco retailers, to
allow, suffer or permit the sale or distribution of tobacco in any form, including
smokeless tobacco, by any person under the age of 18 years.
It shall be unlawful for any person or tobacco retailer to offer for
sale or to sell any tobacco product through a tobacco vending machine except
for the following instances:
A.
In premises such as a factory, business, office or industrial
plant or other place where the public is generally not given access and where
such machines are intended for the sole use of employees over 18 years of
age and where all smoking restrictions as required by law are in place.
B.
In or on premises where the public is generally invited,
provided that the operation of the tobacco vending machine is possible only
by the activation of an electronic switch or other device which is controlled
by a person over the age of 18 years and such machine is in an immediate vicinity
of or in plain view and under the control of such person.
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, in a location where § 300-4 of this chapter provides for a vending machine to be so equipped.
Not less than a 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 containing the following language:
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"SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF EIGHTEEN IS PROHIBITED
BY LAW."
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"Legal proof of age must be shown. A person who sells or offers to sell
a tobacco product to a person under eighteen years of age may be prosecuted
in accordance with state and local ordinances."
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It shall be unlawful for any tobacco retailer to provide for self-service
tobacco displays in any retail establishment in the Borough of Eatontown.
The sale of rolling papers in any form and in any quantity to any person under
the age of 18 years is further prohibited. All self-service tobacco displays
made unlawful by the terms of this chapter shall be removed within 30 days
of the effective date of this chapter.
A.
Any person violating any of the provisions of this chapter
shall, upon conviction thereof, forfeit and pay a fine of a minimum of $100
and not exceeding $1,250, imprisonment for a term not exceeding 90 days or
a period of community service not exceeding 90 days, or any combination thereof.
B.
Each sale of tobacco and/or rolling paper to a minor
shall constitute a separate violation. Each sale of tobacco from a vending
machine improperly sold shall constitute a separate violation. Each day that
a self-service tobacco display remains on any premises or tobacco is sold
without the required sign shall constitute a separate and distinct offense.
C.
The Board of Health of the Borough of Eatontown may suspend
the retail food establishment license of any person convicted of violations
of this chapter, pursuant to the authority of the Health Department to license
and regulate food establishments as provided by N.J.S.A. 26:3-31(c).
