[HISTORY: Adopted by the Township Council of the Township of Logan 1-19-1999 by Ord. No. 14-1998. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- LAW ENFORCEMENT OFFICER
- Any member of the Logan Township Police Department.
- An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
- 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.
It shall be unlawful to sell tobacco to a person under 18 years of age.
Sign requirements. The following 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: "SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 18 IS PROHIBITED BY LAW. Legal proof of age must be shown. A person who sells or offers to sell a tobacco product to a person under 18 years of age may be prosecuted in accordance with state and local ordinances."
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 or greater, unless the seller has some other conclusive basis for determining the buyer is over the age of 18 years.
It shall be unlawful to offer for sale or to sell tobacco through a tobacco vending machine in the Township of Logan.
All tobacco products, including smokeless tobacco products and related paraphernalia, shall not be publicly displayed in retail stores within the Township of Logan. All such products shall be hidden from public view.
All tobacco vending machines made unlawful by the terms of this chapter shall be removed within 30 days from the effective date of this chapter.
Whenever a law enforcement officer reasonably believes there exists a violation of this chapter, such officer may issue a summons and complaint not later than 60 days after discovery of the alleged violation. This complaint shall be written and shall state with reasonable particularity the nature of the violation, including reference to the article and section of this chapter alleged to have been violated. The complaint shall be delivered or sent by certified mail to the alleged violator.
A law enforcement officer charged with enforcement of this chapter, after giving proper identification, and if no other warrant is required by law, may inspect any matter, thing, premises, place, person, record vehicle, incident or event as necessary to enforce the provisions of this ordinance.
Citizens may bring complaints against violators of this chapter.
A person violating any of the provisions of this chapter shall, upon conviction thereof, pay a civil penalty of not less than $250 for the first violation, not less than $500 for the second violation, and $1,000 for the third and each subsequent violation. The civil penalty shall be collected pursuant to the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.) in a summary proceeding before the Logan Township Municipal Court. A penalty recovered under the provisions of this subsection shall be recovered by and in the name of the state by the local health agency. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality.
[Amended 2-5-2002 by Ord. No. 1-2002]
Each sale of tobacco to a minor shall constitute a separate violation. Each day that a tobacco vending machine remains on any premises or tobacco is sold without the required sign shall constitute a separate and distinct offense.
The Township of Logan 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 Health Department to license and regulate food establishments as provided by N.J.S.A. 26:3-31c.
In addition to the provision of Subsection A of this section, upon the recommendation of the Township of Logan, following a hearing by the Township, the Division of Taxation in the Department of the Treasury may suspend, or after a second or subsequent violation of the provisions of this chapter, revoke, the license issued under Section 202 of P.L. 1948 c. 65 (N.J.S.A. 54:40A-4) of a retail dealer. The licensee shall be subject to administrative charges, based on a schedule issued by the Director of the Division of Taxation, which may provide for a monetary penalty in lieu of a suspension.
[Added 2-5-2002 by Ord. No. 1-2002]
A penalty imposed pursuant to this section shall be in addition to any penalty that may be imposed pursuant to Section 3 of P.L. 1999, c. 90 N.J.S.A. 2C:33-13.1).