[HISTORY: Adopted by the Township Committee of the Township of Maplewood as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-21-1994 by Ord. No. 1944]
The sale of tobacco products from vending machines is prohibited within the Township. This prohibition shall apply to all cigarette vending machines except those cigarette vending machines located in private clubs or other establishments that are not open to the general public.
[Adopted 6-8-2016 by Ord. No. 2814-16]
As used in this chapter, the following terms shall have the meanings indicated:
- HEALTH DEPARTMENT
- The Maplewood Township Health Department.
- HEALTH OFFICER
- The Maplewood Township Health Officer ("Health Officer") and/or his/her authorized representative.
- NICOTINE DELIVERY PRODUCT
- Any product that is designed to deliver nicotine or vapor, including, but not limited to, what are commonly known as "e-cigarettes" or other types of electronic smoking devices, or any cartridge or other component of such device, or related products, including but not limited to any substances used in such devices, such as liquids or powders or other forms of tobacco, but excluding United States Food and Drug Administration approved nicotine patches or nicotine chewing gum.
- An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any their 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.
- TOBACCO RETAILER
- Any person or entity that operates a store, stand, booth, concession, or place at which sales of tobacco or nicotine delivery products are made to purchasers for consumption or use. The term shall also mean any person or entity that owns, operates or uses a tobacco vending machine and/or a tobacco vending machine location as defined herein.
- TOBACCO VENDING MACHINE
- Any automated, self-service device which, upon insertion of money, tokens, or other form of payment, dispenses nicotine delivery products, cigarettes, or other tobacco products.
- TOBACCO VENDING MACHINE LOCATION
- The room, enclosure, space or area where a tobacco vending machine is installed and operated.
No person shall sell tobacco or nicotine delivery products in the Township of Maplewood unless an employee of the establishment controls the sale of such products. A person may only sell tobacco or nicotine delivery products in a direct, face-to-face exchange between the retailer and the consumer. Self-service displays and vending machines of tobacco or nicotine delivery products are prohibited.
No person shall sell, distribute, or give tobacco or nicotine delivery products to any person under the age of 21.
Tobacco retailers shall conspicuously post and reasonably maintain signs having a minimum size of six inches by eight inches where tobacco or nicotine delivery products are displayed and at all checkouts which state: "Sale of tobacco products and e-cigarettes to persons under the age of 21 is prohibited by Maplewood Township Ordinance."
Any person selling tobacco or nicotine delivery products shall verify by means of government-issued photographic identification containing the bearer's date of birth that no person purchasing the tobacco or nicotine containing the products is younger than 21 years of age. No such verification is required for any person over the age of 26. No clerk shall sell tobacco or nicotine delivery products to a person less than 21 years of age who has a note or any form of communication from any person, including an adult.
No person or tobacco retailer selling tobacco or nicotine delivery products shall allow an employee to sell or distribute such products until the employee has read this Ordinance and has signed a statement that the employee has read this Ordinance. Such form statement will be supplied by the Health Department and the signed original statement shall be filed with the Health Department and a copy shall be kept on file by the tobacco retailer and made available for review by the Health Department.
The enforcement authority for this chapter shall be the Township of Maplewood Health Officer or his/her designee and officers of the Maplewood Police Department.
The Township of Maplewood Health Officer may, after giving proper identification, inspect any matter, thing, premises, place, person, record, vehicle, incident, or event as necessary to execute his or her official duties in a manner prescribed by law.
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Health Officer in his/her enforcement of this chapter, and the Health Officer may request the assistance of the Maplewood Township Police Department or other police agency or peace officer when necessary to execute his or her official duties in a manner prescribed by law.
Citizens may bring complaints against violators of this chapter.
A person who violates the provisions of this chapter including any employee of a retail dealer licensed under P.L. 1948, c. 65 (N.J.S.A. 54:40A-1 et seq.) who actually sells or otherwise provides tobacco product to a person under 21 years of age, shall be liable for a civil penalty of $250 for the first violation, $500 for the second violation, and $1,000 for the third and each subsequent violation. Complaint shall be made in the Maplewood Municipal Court.
Each sale of tobacco and/or nicotine delivery product to any person under the age of 21 shall constitute a separate violation.
In addition to the penalties set forth in Subsection A above, the Maplewood Township 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, 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(c).