[Adopted 1-25-1999 by Ord. No. 104]
It shall be unlawful to sell tobacco/cigarettes to a person
under 18 years of age.
It shall be unlawful for a tobacco/cigarette retailer to sell
or permit to be sold tobacco/cigarettes 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 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/cigarettes
through a tobacco/cigarette machine or from a freestanding or attached
display of tobacco/cigarettes in the Borough of Paramus. All tobacco
must be dispensed to the customer by the clerk from inventory that
is behind the counter and out of the grasp of the public.
All tobacco/cigarette machines made unlawful by the terms of
this article shall be removed within 30 days from the effective date
of this article; provided, however, that nothing herein contained
shall be construed to permit the use or installation of any cigarette
vending machine made unlawful pursuant to Ordinance No. 102 of the
Board of Health.
As used in this article, the following terms shall have the
meanings indicated:
The Board of Health of the Borough of Paramus.
Any display promotion of tobacco/cigarette products in any
area of a store or food establishment or other premises not specifically
behind a sales counter and within the grasp of the public so as to
be self-service.
The administrative officer of the Paramus Board of Health
and/or his or her authorized representatives.
Any 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.
Any person or entity that operates a store, stand, booth,
concession or place from which sales of tobacco are made to purchasers
for consumption or use.
Any automated machine or device which dispenses cigarettes
or other tobacco products in any form, regardless of whether same
is operated or activated through remote control device or with or
without the insertion of money, token or other form of payment.
A.
Whenever the Health Officer or his/her designee reasonably believes
there exists a violation of this article, he/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 and section of this article alleged to have been violated.
The complaint shall be delivered by the police or sent certified mail
to the alleged violator.
B.
The Health Officer, or his/her designee or any other person charged
with enforcement of this article, after giving proper identification,
may inspect any matter, thing, premises, place, person, record, vehicle,
incident or event as necessary.
C.
It shall be unlawful for any person to molest, willfully oppose,
verbally abuse or otherwise obstruct the Health Officer or his/her
designee, who may request the assistance of the Paramus Police Department
or other police agency or peace officer when necessary to execute
his or her official duty in the manner prescribed by law.
D.
Citizens may bring complaints against violators of this article through
the Health Department or the Paramus Police Department.
A.
If any chapter, section, subsection or paragraph of this article
is declared to be unconstitutional, invalid or inoperative, in whole
or in part, by a court of competent jurisdiction, such chapter, section,
subsection or paragraph shall, to the extent that it not unconstitutional,
invalid or inoperative, remain in full force and effect and no such
determination shall be deemed to invalidate the remaining chapters,
sections, subsections or paragraphs of this article.
B.
This article shall be liberally construed for the protection of the
health, safety and welfare of the people of the Borough of Paramus.
This article repeals and replaces in its entirety Paramus Board
of Health Ordinance No. 102, said repeal to be effective upon the
effective date of this article; provided, however, that nothing contained
in this article or the repeal of Ordinance No. 102 shall authorize
or allow, as of the effective date of this article, the installation,
use or maintenance of any cigarette vending machine rendered unlawful
pursuant to Ordinance No. 102.
A.
Unless otherwise provided by law, statute or ordinance, any person
violating any of the provisions of this article shall upon conviction
thereof, pay a fine of $250 for the first offense, $500 for the second
offense and $1,000 for a third and each consecutive offense. Complaint
shall be made in Municipal Court of the Borough of Paramus or before
such other judicial officer having authority under the laws of the
State of New Jersey.
B.
Each sale of tobacco/cigarettes to a minor shall constitute a separate
violation.
C.
Each day on which each such cigarette machine and/or freestanding
or attached tobacco/cigarette display is owned, operated, rented or
permitted on the premises shall result in an additional fine of $250.
D.
The Board of Health may suspend the retail food establishment license
of any person convicted of violation of this article, for a period
of not more than three days in addition to a fine pursuant to the
authority of the Board of Health to license and regulate food establishments
as provided by N.J.S.A. 26:3-31c.
E.
In addition to the foregoing fines and penalties, the Board of Health
may, pursuant to N.J.S.A. 2A:170-51, following a hearing, recommend
to the New Jersey Division of Taxation that the license of a tobacco
retailer to sell cigarettes or tobacco in this state be suspended
or, after a second or subsequent violation, be revoked should such
tobacco retailer sell, give or furnish tobacco to a minor under the
age of 18 years or otherwise violate any of the provisions of N.J.S.A.
2A:170-51 prohibiting the sale or furnishing of cigarettes or tobacco
in any form to minors.
