[HISTORY: Adopted by the City Council of the City of Paterson 3-28-1995
as Ord. No. 95-019. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A building or portion of a building owned or leased by a government
entity.
A device which, upon the insertion of a coin, paper money, slug or
token into any slot or receptacle attached to said machine or device or connected
therewith, or which by remote control, mechanical or manual means, dispenses
cigarettes, cigars or other tobacco products.
An individual or entity who or which owns, leases or otherwise exercises
control over mechanical vending machines which dispense tobacco products.
A.
Within three hundred (300) feet of school property. It
shall be unlawful for any person or entity to dispense, sell or offer for
sale cigarettes, cigars or other tobacco products from mechanical vending
machines located within three hundred (300) feet of property used for school
purposes which is owned by or leased to any elementary or secondary school,
school board or district.
B.
Government buildings. It shall be unlawful for any person
or entity to dispense, sell or offer for sale cigarettes, cigars or other
tobacco products from mechanical vending machines located within any government
building as defined herein.
C.
Locking devices for other machines. It shall be unlawful
for any person or entity to dispense, sell or offer for sale cigarettes, cigars
or other tobacco products from mechanical vending machines from any location
except where the operation is possible only by the activation of an electronic
switch or other device, which is controlled by the tobacco retailer or his
designated adult employee, and only after the tobacco retailer or his adult
employee has made a reasonable determination that the person wishing to use
the vending machine is eighteen (18) years of age or older. In addition, all
mechanical cigarette vending machines shall be under the visual supervision
of the tobacco retailer and/or his or her adult employee, so that purchases
from the machine are readily observable by the retailer or his or her adult
employee.
It shall be unlawful for any person or entity to remove, disconnect
or otherwise disable or permit another person to remove, disconnect or otherwise
disable the remotely activated electronic switch or device on a mechanical
vending machine at any location within the City of Paterson.
A.
If a police officer of the City of Paterson Police Division,
an inspector or officer of the Division of Health or Licensing or any law
enforcement officer within the authority to act within this jurisdiction shall
have probable cause to believe that a mechanical vending machine is being
used for the sale or distribution of cigarettes, cigars or other tobacco products,
in contravention of this chapter, such device may be seized, removed from
the premises and impounded by such individuals or other designated agent or
authorized personnel. Said device shall not be released until proper ownership
documents are presented together with a removal/storage fee of not less than
two hundred fifty dollars ($250.) per device seized, together with any and
all fines imposed by the Municipal Court.
B.
If no person asserts a claim for return of a vending
machine seized under this chapter within six (6) months from the date of its
seizure, said vending machine may be disposed of pursuant to N.J.S.A. 40A:14-157
et seq.
Any person or entity violating this chapter shall, upon conviction thereof,
be punished by a fine not exceeding one thousand dollars ($1,000.), by imprisonment
for a term not to exceed ninety (90) days, or both. A separate offense shall
be deemed committed for each machine and on each day during or on which a
violation occurs or continues.
Any person or entity who or which owns or possesses a cigarette vending
machine shall have sixty (60) days from the effective date of this chapter
to remove the machines from locations within three hundred (300) feet of school
property and from any government building as set forth above, and as to all
other machines, to bring them into compliance with the electronic locking
devices as set forth above.