[HISTORY: Adopted by the City Council of
the City of Passaic as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-14-2000 by Ord. No. 1503-00]
As used in this article, the following terms
shall have the meanings indicated:
The administrative officer of the Passaic Health Department
and/or his or her authorized representatives.
Any place licensed by the State of New Jersey to primarily
sell at retail beer, wine and mixed spirits for consumption on the
premises.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee or any other
legal entity.
Any product made from 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 at which sales of tobacco are made to purchasers
for consumption or use and shall mean a person or entity that owns
or operates a vending machine and/or a vending machine location.
Any automated, self-service device which, upon insertion
of money, tokens or any other form of payment, dispenses cigarettes
or other tobacco products.
The room, enclosure, space or area where a tobacco vending
machine is installed and operated.
[Amended 5-16-2006 by Ord. No. 1687-06]
It shall be unlawful for anyone, including a
tobacco retailer, to sell, give or permit to be sold or given to a
person under 19 years of age tobacco in any form.
[Amended 5-16-2006 by Ord. No. 1687-06]
It shall be unlawful for a tobacco retailer
to sell or permit tobacco products to be sold to any individual under
the age of 18 years unless the seller has a reasonable basis for determining
that the buyer is of legal age (19 or over).
[Amended 5-16-2006 by Ord. No. 1687-06]
It shall be unlawful for any tobacco retailer
to allow, suffer or permit the sale of tobacco products on his or
her premises by any person under the age of 19 years.
It shall be unlawful for tobacco retailer to
offer for sale or to sell any tobacco product through a vending machine
in this municipality except in the following instances:
A.Â
Commercial buildings or industrial plants, or portions
thereof, where the public is generally not given access and where
such machines are intended for the use of the adult employees therein
or other adults, provided that the tobacco vending machine is:
B.Â
In all other instances, locations and places, a tobacco
vending machine shall be permitted to be operated only if:
(1)Â
The operation of the machine to vend tobacco products
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 the reasonable determination that the person wishing to use
the tobacco vending machine is 19 years of age or older.
[Amended 5-16-2006 by Ord. No. 1687-06]
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 § 283-5 of this article provides for a vending machine to be so equipped.
[Amended 4-6-2009 by Ord. No. 1794-09]
A.Â
Unless otherwise
provided by law, statute or ordinance, any person charged with violating
any section of this article shall, upon conviction thereof, pay a
penalty of not less than $250 or more than $500 for each offense.
B.Â
Each sale
of tobacco to a minor shall constitute a separate offense.
C.Â
The municipal court of this municipality, in addition to the monetary penalties described herein, shall give notice of the penalties imposed to the City Health Officer, of a food establishment which has been found guilty of violation of this article. The City Health Officer shall take action to suspend the food license of any person or entity convicted of a second or subsequent violation of this article within any two-year period, for not more than one day, and for not more than three days for any third or subsequent offense. Notice of the hearing on the license suspension shall be given by the Health Officer to the food establishments, which shall surrender their food establishment licenses to the Health Officer during the time of the license suspension. Procedures to suspend a food license shall be in accordance with § 149-42 of the Code of the City of Passaic.
D.Â
Following
a second or subsequent offense, upon recommendation of the City and
following a hearing to be held before a hearing officer to be determined
by the Business Administrator for the City of Passaic, the Department
of Treasury may suspend or revoke the state tobacco sales license
of the violating merchant.
A tobacco vending machine which is not permitted
under this article may be seized, forfeited and disposed of in the
same manner as other unlawful property seized under N.J.S.A. 2C:64-1
et seq. Any machine so seized shall be returned to its owner upon
payment of the reasonable costs incurred in connection with the seizure
and any fine imposed by the Municipal Court.
A.Â
Whenever the Health Officer, or his/her designee,
or any police officer reasonably believes there exists a violation
of this article, he/she may issue a summons and complaint not later
than 60 days after discovery of the alleged violation. The complaint
shall be written and shall state with reasonable particularity by
nature of the violation, including reference to the section of this
article alleged to have been violated. The complaint may be personally
delivered or may be sent by certified mail and regular mail to the
alleged violator.
B.Â
The Health Officer, or his designee, or any other
person charged with enforcement of the article, after giving proper
identification, may inspect any matter, material, premises or place
as may be necessary for the proper enforcement hereof.
C.Â
It shall be unlawful for any reason to oppose or otherwise
obstruct the Health Officer, or his designee, in the performance of
duties herein, and they may request the assistance of a law enforcement
agency or police officer when necessary to execute his or her official
duty in a manner prescribed by law.
[Added 5-16-2006 by Ord. No. 1687-06]
The sale or distribution of single cigarettes
or any tobacco product in any form other than an original factory
wrapped package is prohibited. It shall be unlawful for any person,
including the tobacco retailer, to permit the sale or cause to be
sold or cause to be distributed any cigarette package containing fewer
than 20 cigarettes unless the package is manufactured with a different
number of cigarettes.
[Added 4-6-2009 by Ord. No. 1794-09]
A.Â
No person,
either directly or indirectly by an agent or employee, or by a vending
machine owned by the person or located in the person’s establishment,
shall sell, offer for sale, distribute for commercial purpose at no
cost or minimal cost, or with coupons or with rebate offers, give
or furnish, to a person a cigarette, or any component thereof, which
contains a natural or artificial constituent or additive that causes
the cigarette or any smoke emanating from that product to have a characterizing
flavor other than tobacco, clove, or menthol. In no event shall a
cigarette or any component part thereof be construed to have a characterizing
flavor based solely on the use of additives or flavorings, or the
provision of an ingredient list made available by any means.
B.Â
A characterizing
flavor other than tobacco, clove or menthol means that the cigarette
or any smoke emanating from that product imparts a distinguishable
flavor, taste or aroma other than tobacco, clover or menthol prior
to or during consumption, including, but not limited to, any fruit,
chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage,
herb or spice flavoring.
