SENATE, No. 334
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Senator MARTIN
An Act concerning the sale of tobacco products in vending machines and supplementing Chapter 3B of Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A person who owns a vending machine shall not use that vending machine to sell, offer for sale, give away or deliver any tobacco product at or on any public or private premises except as provided in this act.
b. Tobacco vending machines shall be permitted in private social clubs catering to adults; on premises or in areas within premises where the principal use is for the retail sale of alcoholic beverages pursuant to the "New Jersey Alcoholic Beverage Control Act," R.S.33:1-1 et seq., or for the retail sale of tobacco; or where access by persons under the age of 18 years is prohibited by law, including but not limited to premises for casino gaming pursuant to the "Casino Control Act," P.L.1977, c.110 (C.5:12-1 et seq.). Where permitted, tobacco vending machines shall be placed inside and at least 20 feet from the entrance to the premises.
2. a. A tobacco vending machine used in violation of this act may be sealed or seized and forfeited to the municipality in which such violation occurred subject to the limitations of N.J.S.2C:64-5; except that the forfeiture shall not become effective until the municipality notifies in writing the owner of the vending machine and posts a notice on the machine stating that, unless the machine is removed within 72 hours of the posting of the notice and any daily fines imposed are paid, forfeiture shall occur. Ninety days after forfeiture, the municipality may sell the vending machine at a public auction, after giving notice of the sale by certified mail to the owner, if his name and address is known, and by publication at least five days before the date of the sale in one newspaper circulating in the municipality in which the machine is to be sold.
b. At any time prior to the sale, a tobacco vending machine seized by or forfeited to a municipality pursuant to this section, may be redeemed by its owner, or other person entitled to it, upon payment to the municipality of an amount equal to the actual expense incurred by the municipality in removing the machine plus 6 percent interest.
c. The owner of a vending machine shall be fined not less than $100 or more than $300 for a first offense and $1,000 for each subsequent offense for each day a machine is determined to be in violation of this act or if the seal placed pursuant to subsection a. of this section is destroyed or removed by the owner or his agent.
3. a. The local board of health shall investigate all bona fide complaints of violations it receives in its jurisdiction. Any penalty recovered under this act shall be recovered by and in the name of the local board of health. The penalty recovered shall be paid by the local board into the treasury of the municipality wherein the violation occurred.
b. The municipal court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of any provision of this act, if the violation has occurred within the territorial jurisdiction of the court. The proceedings shall be summary and in accordance with "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). Process shall be in the nature of a summons or warrant and shall issue by the local board of health or the municipal law enforcement authority.
4. This act shall take effect on the first day of the fifth month after enactment.
STATEMENT
Nicotine addiction typically begins during childhood. The average age for the first use of cigarettes is 13 years old. National survey data indicate that 57 percent of high school seniors who report daily smoking began by the age of 14 years. Current New Jersey law recognizes the dangers that cigarettes pose to children by barring sales to those under the age of 18. However, this law is being evaded in part through the availability of vending machines.
The bill is intended to address this problem by banning the sale of tobacco products in vending machines, with only a few reasonable exceptions. Any vending machine used to sell tobacco in violation of the bill could be sealed or seized and forfeited. A violation of the bill's provisions would also subject the owner of the machine to fines ranging from $100 to $1,000 a day. Tobacco product vending machines could continue to be placed inside private social clubs for adults, tobacco shops, bars including bar areas of restaurants, casinos, and liquor stores. These are locations where minors are not normally present.
Local boards of health and law enforcement authorities are given responsibility for enforcing any penalties imposed in the bill. As an incentive for local enforcement, fines levied on violators would be paid to the municipality.
Because nicotine is addictive, a minor who starts smoking is likely to become a lifelong smoker. It is estimated that smoking is responsible for more than 300,000 deaths annually in the United States, representing about 15 percent of all mortality, according to the United States Department of Health and Human Services. Many of these deaths might be prevented if tobacco products were less readily available to children in their formative years.
Prohibits sale of tobacco products in vending machines with certain exceptions.