[HISTORY: Adopted by the Township Committee of the Township of Freehold by Ord. No. O-95-35 (§ 6-21 of the Revised General Ordinances). Amendments noted where applicable.]
The Township Committee makes the following findings:
The Surgeon General of the United States has called for a ban on the sale of cigarettes by vending machines.
The State of New Jersey has banned the sale or furnishing of cigarettes or tobacco in any form to minors under N.J.S.A. 2C:33-13.1.
The Township is unable to prevent the sale of cigarettes to minors by vending machines and no penalty has been imposed by state statute upon minors for the purchase of cigarettes.
The Township is authorized to enact ordinances not contrary to the laws of this state or of the United States as it may deem necessary and proper for the protection of persons and for the preservation of public health, safety and welfare of the Township and its inhabitants.
There exists within the Township of Freehold numerous cigarette vending machines which provide the largely uncontrolled opportunity for the purchase of cigarettes by minors.
In a fact sheet published by the U.S. Department of Health and Human Services under date of August 10, 1995, the Department reviews the facts concerning the plague of cigarette smoking by children and calls for the elimination of cigarette vending machines.
All cigarette vending machines are hereby prohibited in the Township.
Any person owning, operating, renting or permitting the use of a cigarette vending machine on premises under his or her control shall be subject to the penalties in Chapter 1, Article II, General Penalty. Each day on which such a machine is owned, operated, rented or permitted on the premises shall result in an additional fine.