Sample
Sales Ordinances
KEY
PROVISIONS OF A SALES ORDINANCE TO REDUCE THE AVAILABILITY
OF TOBACCO TO MINORS
Purpose
of Key Provisions
The
intent of "Key Provisions" is to provide information
to local governing bodies (municipal councils, boards of
health, and county freeholders) that are interested in enacting
local tobacco control ordinances. These samples, which are
only suggestions, are found in other local ordinances. New
Jersey GASP encourages you to contact your municipal attorney
for a legal review of your proposed ordinance to ensure
conformity with local, state, and federal laws. This information
is not intended to serve as legal advice.
Samples
of Key Provisions for an Ordinance
1.
Reiterate New Jersey state law N.J.S.A. 2A:170-5 that it is
unlawful to sell, furnish or give, either directly or indirectly,
any tobacco product to a minor.
Example
from Hillsborough Township:
"WHEREAS, the Surgeon General of the United States
of America has called for a ban on the sale of cigarettes
by vending machines;
WHEREAS,
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.
2A:170-51;
WHEREAS,
the United States Department of Health has determined that
cigarettes kill more Americans than AIDS, alcohol, car accidents,
fires, illegal drugs, murders and suicides combined;
WHEREAS,
over 3,000 minors become regular smokers each day;
WHEREAS,
on the basis of published warnings by the Surgeon General
of the United States of America and on the basis of the
scientific reports and other authoritative and instructive
data supplied to the Township Committee of the Township
of Hillsborough and due to the fact that the Township of
Hillsborough 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;
and
WHEREAS,
the Township Committee of the Township of Hillsborough is
authorized to enact ordinances not contrary to the laws
of the State of New Jersey or of the United States of America,
as it may deem necessary and proper for the protection of
persons and for the preservation of the public health, safety
and general welfare of the municipality and its inhabitants."
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2.
Ban all cigarette vending machines, with no exceptions.
Example
from East Brunswick and Westfield:
"In view of the indiscriminate sales of cigarettes
to minors by automatic vending machines, all cigarette vending
machines are hereby prohibited in the Township of East Brunswick
[Town of Westfield]."
3.
Ban self-service racks of all tobacco products, including
chewing and pipe tobacco and cigars.
Example
from Mount Olive:
"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 Township
of Mount Olive."
Definition
of Self-Service Cigarette or Tobacco Product Display from
Mt.Olive:
"Shall mean 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 same without the assistance
of an employee of the establishment."
Definition
of Tobacco from Mt. Olive:
"Shall mean 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."
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4.
Prohibition of tobacco advertising at child eye level.
Example
from Deptford:
"It shall be unlawful for tobacco retailers to
display, advertise, or offer for sale, tobacco products
in any location in which minors are permitted at a height
at less than four (4) feet or adjacent to candy or items
specifically intended for sale to or for children."
5.
Increase size of sign that is posted where tobacco is sold.
Example
from Hackensack:
"In addition to the existing New Jersey State prohibitions
regarding the sale of tobacco products to minors under eighteen
(18) years of age, the following shall apply throughout
the City of Hackensack.
Sign
Requirements:
A sign
having a minimum size of 6 inches by 8 inches (6" x
8") shall be posted in a conspicuous place near each
cash register in all retail establishments which sell tobacco
products and shall contain the following language:
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 ordinances."
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6.
Suspend the retail food license for repeat violations.
Example
from Princeton:
"The Health Commission may suspend the Retail Food
License of any person convicted of violation of this ordinance,
for a period of not more than three days, pursuant to the
authority of the Health Commission to license and regulate
food establishments as provided by N.J.S.A. 26:3-31(c)."
7.
Set penalties that are consistent with New Jersey state law
N.J.S.A. 2A:170-51, revised January 5, 1996 by Senate bills
numbered 279 and 1186.
Example
adapted from South Brunswick:
(a) A person who violates any of the provisions of this
Ordinance shall, upon conviction thereof, be subject to
a fine of $250.00 for a first offense, $500 for a second
offense, and $1000 for a third and each subsequent violation.
Example
from Pine Beach:
"(b) Each sale of tobacco to a minor shall constitute
a separate violation. Each day that a tobacco vending machine
or self-service tobacco display remains on any premises
or tobacco is sold without the required sign shall constitute
a separate and distinct offense."
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8.
Enforce through the local health and police departments, and
citizens may bring complaints against violators.
Example
from Madison:
"(a) Whenever the Health Officer, or his/her designee,
reasonably believes there exists a violation of this Ordinance,
he/she may issue a violation notice and/or summons not later
than ninety (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 the Ordinance 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/her designee, or any other person
charged with enforcement of this Ordinance after giving
proper identification, may inspect any matter, thing, premise,
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 Madison Police Department, or other police 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
Ordinance through the Health Department or Police Department."
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FINAL NOTE:
An ordinance
that penalizes minors for use or possession of open tobacco
or smoking in public is not recommended (see New Jersey
GASP's fact sheet/ position paper "Banning
tobacco use by minors protects the tobacco industry. Does
it protect the kids?" by Regina Carlson, Executive
Director of New Jersey GASP).
PLEASE
CONTACT NEW JERSEY GASP'S TOBACCO CONTROL POLICY AND LEGAL
RESOURCE CENTER if your town is considering an ordinance.
New Jersey GASP tracks ordinances throughout New Jersey.
Our number is 908 273-9368.
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