[HISTORY: Adopted by the Board of Health of the Borough of Hopatcong 8-8-2001 by Ord. No. 17-2001. Amendments noted where applicable.]
As used in this chapter, the following terms will have the meanings indicated:
- BOARD OF HEALTH
- The Board of Health as and for the Borough of Hopatcong.
- HEALTH DEPARTMENT
- The Borough of Hopatcong Department of Health.
- HEALTH OFFICER
- The appointed Health Officer for the Borough of Hopatcong and/or his or her authorized representative.
- An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
- SELF-SERVICE CIGARETTE OR TOBACCO PRODUCT DISPLAY
- Any shelving or storing of cigarettes in an area of the establishment to which customers have access and/or in a location where a customer could reach the cigarettes or tobacco products and take the same without the assistance of an employee of the establishment.
- Any product made from the tobacco plant for the purpose of smoking, chewing, handling or other personal use, including but not limited to cigars, chewing tobacco, pipe tobacco. snuff and cigarettes in any form.
- VENDING MACHINE
- Any automated, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarettes or other tobacco products.
It is unlawful to sell tobacco to a person under 18 years of age in the Borough of Hopatcong.
The following six-inch-by-eight-sign shall be posted in a conspicuous place near each cash register in all establishments which sell tobacco products in the Borough of Hopatcong:
It shall be unlawful for a tobacco retailer to sell or permit to be sold tobacco to any individual without requesting and examining identification from the purchaser positively establishing the purchaser's age of 18 years or greater, unless the seller has some other conclusive basis for determining the buyer is over the age of 18 years.
Tobacco vending machines are prohibited, and it shall be unlawful to offer for sale or to sell tobacco through a tobacco vending machine in the Borough of Hopatcong.
All tobacco vending machines made unlawful by the terms of this chapter shall be removed within 30 days from the effective date of this chapter.
Self-service cigarette or tobacco product displays are prohibited, and it shall be unlawful to offer for sale or to sell cigarettes or tobacco products from a self-service display of cigarettes or tobacco products in the Borough of Hopatcong.
Any self-service cigarette or tobacco product displays made unlawful by the terms of this chapter shall be removed within 30 says from the effective date of this chapter.
If the Health Officer or his/her designee reasonably believes 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. A complaint shall be written and shall state with reasonable particularity the nature of the violation, including the reference to the section of this chapter alleged having been violated. A complaint shall be delivered or sent by certified mail to the alleged violator.
The Health Officer or his/her 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 for the enforcement of this chapter.
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 Borough of Hopatcong Police Department or other police agency or peace officer when necessary to execute his or her official duty in a manner prescribed by law.
Citizens may bring complaints against violators of this chapter.
As otherwise provided by law, statute or ordinance, any person violating any of the provisions of this chapter shall, upon conviction thereof, pay a penalty of not less than $200 nor more than $500 for each offense. A complaint shall be made in the Municipal Court of the Borough of Hopatcong or before such other judicial officer having authority under the laws of the State of New Jersey.
Each sale of tobacco to a minor shall constitute a separate violation.