[HISTORY: Adopted by the Board of Health of the Borough of Upper
Saddle River 1-17-1995 by Ord. No. 94-1. Amendments noted where applicable.]
GENERAL REFERENCES
Retail food establishments — See Ch. 179.
A.
It shall be unlawful to sell tobacco/cigarettes to a
person under 18 years of age.
B.
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:
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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 ordinance.
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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 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/cigarettes
through a tobacco/cigarette vending machine or from a freestanding or attached
display of tobacco/cigarettes in the Borough of Upper Saddle River.
All tobacco/cigarette machines made unlawful by the terms of this chapter
shall be removed within 30 days from the effective date of this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
The Board of Health of Upper Saddle River.
Any display promotion of tobacco/cigarette products in any area of
a store or food establishment not specifically behind a sales counter and
within the grasp of the public so as to be self-service.
The administrative officer of the Upper Saddle River Board of Health
and/or his or her authorized representatives.
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.
Any person or entity who or which operates a store, stand, booth,
concession or place at which sales of tobacco are made to purchasers for consumption
or use; also, a person or entity who or which owns, operates or uses a vending
machine and/or vending machine location.
Any automated, self-service device which, upon insertion of money,
tokens or any form of payment, dispenses cigarettes or other tobacco products
in any form.
A.
Whenever the Health Officer or his/her designee reasonably
believes that there exists a violation of this chapter, 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 section
of this chapter alleged to have been violated. The complaint shall be delivered
by the police or sent by certified mail to the alleged violator.
B.
The Health Officer or his designee or any other person
charged with enforcement of this chapter, 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 designee,
who may request the assistance of the Upper Saddle River Police Department
or other policy agency or peace officer when necessary to execute his or her
official duty in a manner prescribed by law.
D.
Citizens may bring complaints against violators of this
chapter through the Health Department or Police Department.
This chapter shall be liberally construed for the protection of the
health, safety and welfare of the people of the Borough of Upper Saddle River.
A.
Unless otherwise provided by law, statute or ordinance,
any person violating any of the provisions of this chapter shall, upon conviction
thereof, pay a fine of $100 for a first offense, $200 for a second offense
and $400 for a third and each consecutive offense. Complaint shall be made
in Municipal Court of the Borough of Upper Saddle River or before such other
judicial officer having authority under the laws of the State of New Jersey.
B.
Defendants may, after reading and understanding the penalties,
plead guilty to the charges and, after signing an affidavit, may pay the appropriate
fine to the Clerk of the Court, in lieu of a court appearance.
C.
Each sale of tobacco/cigarettes to a minor shall constitute
a separate violation.
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 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.
26:3-31, Subdivision c.
