SENATE, No. 1227

STATE OF NEW JERSEY

INTRODUCED JUNE 3, 1996

By Senator SINAGRA

An Act concerning the sale of tobacco products and supplementing P.L.1948, c.65 (C.54:40A-1 et seq.).

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. a. Notwithstanding the provisions of section 202 of P.L.1948, c.65 (C.54:40A-4) to the contrary, 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.

    b. A vending machine used in violation of this act may be sealed or seized and forfeited to the municipality in which the 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.

    c. At any time prior to the sale, a 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% interest.

    d. 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.

    2. A retail dealer who holds a license to sell tobacco products pursuant to section 202 of P.L.1948, c.65 (C.54:40A-4) shall only display tobacco products available for retail sale in an area under control of or within line-of-sight of the retail dealer or other employee of the establishment.

    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 90th day after enactment.

STATEMENT

    This bill bans the sale of tobacco products in vending machines. 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.

    The bill also requires that in retail establishments that sell tobacco products, the products shall only be displayed in an area under control or within line-of-sight of the retailer or other employee of the establishment. 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.

    The ban on the use of tobacco vending machines and requirements for the display of tobacco products available for retail sale are for the purpose of preventing minors from having access to and using tobacco products. These provisions are consistent with recent proposals made by Philip Morris USA for curbing use of tobacco products by minors.

Prohibits sale of tobacco products in vending machines and establishes requirements for retail sales of tobacco.