S1231

SENATE, No. 1231

STATE OF NEW JERSEY

INTRODUCED JUNE 3, 1996

By Senator SINAGRA

An Act concerning the sale and distribution of tobacco products to persons under the age of 18 and amending N.J.S.2A:170-51.

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

1. N.J.S.2A:170-51 is amended to read as follows:

2A:170-51. a. Any person who directly or indirectly, acting as agent or otherwise, distributes for commercial purposes at no cost or at minimal cost or with coupons or rebate offers or sells, gives or furnishes to a minor under the age of 18 years, any cigarettes made of tobacco or of any other matter or substance which can be smoked, or any cigarette paper or tobacco in any form, including smokeless tobacco, either from a vending machine or by retail counter sales, is liable to a civil penalty of $250 for the first violation, $500 for the second violation and $1,000 for the third and each subsequent violation. In addition, upon the recommendation of the municipality, following a hearing by the municipality, the Division of Taxation may suspend or, after a second or subsequent violation, revoke the license issued under section 202 of P.L.1948, c.65 (C.54:40A-4) of a retail dealer. The licensee shall be subject to administrative charges based on a schedule issued by the Director of the Division of Taxation which may provide for a fine in lieu of the suspension.

b. The establishment of all of the following shall constitute a defense to any prosecution brought pursuant to subsection a. of this section:

(1) that the purchaser of the tobacco product or person receiving a promotional sample falsely represented, by producing either a photograph driver's license or photograph non-driver identification card issued by the Division of Motor Vehicles, a similar card issued pursuant to the laws of another state or the federal government or Canada, or a photographic identification card issued by a county clerk, that he was of legal age to make the purchase or receive the sample;

(2) that the appearance of the purchaser of the tobacco product or person receiving a promotional sample was such that an ordinary prudent person would believe him to be 21 years of age or older and, therefore, of legal age to make the purchase or receive the sample; and

(3) that the sale or distribution was made in good faith, relying upon the production of the identification in paragraph (1), the minor's appearance, and in the reasonable belief that the purchaser or recipient was actually of legal age to make the purchase or receive the sample.

c. A person who distributes, sells, gives or furnishes any tobacco product to a person who appears to be under 21 years of age, shall require that the recipient or purchaser produce a photograph identification card which provides proof that the recipient or purchaser is of legal age to make the purchase or receive the sample.

d. Notwithstanding the provisions of this section to the contrary, a person may distribute a sample of a tobacco product only in a location where persons under the age of 18 are not permitted access. (cf: P.L.1995, c.304, s.1).

2. Section 2 of P.L.1987, c.423 (C.54:40A-4.1) is amended to read as follows:

2. a. Notwithstanding any other provision of law to the contrary, a person to whom a license is issued pursuant to P.L.1948, c.65 (C.54:40A-1 et seq.) shall as a condition of the license conspicuously post a legible sign at the point of display of the tobacco products and at the point of sale. The sign, which also shall be posted conspicuously on any licensed cigarette vending machine, shall be at least six inches by three inches in bold letters at least one-quarter inch high and shall read as follows:

"A person who sells or offers to sell a tobacco product to a person under 18 years of age shall pay a penalty of up to $1,000 and may be subject to a license suspension or revocation.

[Proof] Photograph proof of age may be required for purchase."

b. A person to whom a retail dealer license is issued pursuant to P.L.1948, c.65 (C.54:40A-1 et seq.) shall certify on the application form, in the case of a new license, and on the annual license renewal form, in the case of a renewal of a license, issued by the Division of Taxation in the Department of the Treasury, that the licensee and any employees of the licensee who engage in the retail sale of tobacco products understand the requirements of N.J.S.2A:170-51 regarding the minimum age for sale of tobacco products and the need for persons who appear to be under 21 years of age to produce a photograph identification, and that the licensee and any employees of the licensee will comply with the requirements of that law.

(cf: P.L.1995, c.304, s.2)

3. This act shall take effect 30 days after enactment.

STATEMENT

This bill requires a person who appears to be under the age of 21 to show a photograph identification which provides proof that the person is of legal age (at least 18 years of age), in order to purchase or receive tobacco products. The bill also provides that samples of tobacco products may only be distributed in locations in which persons under 18 years of age are denied access.

The bill also requires a retail dealer of tobacco products to certify on the license application form and on the annual license renewal form issued by the Division of Taxation in the Department of the Treasury, that the retailer and any of his employees who engage in the retail sale of tobacco products understand the requirements of N.J.S.2A:170-51 regarding the minimum age for sale of tobacco products and the need for persons who appear to be under 21 years of age to produce a photograph identification, and that the retailer and his employees will comply with the requirements of that law.

The requirement to show a photograph identification card, the restriction on the distribution of tobacco product samples and the requirement that retailers certify their knowledge of and compliance with the tobacco age of sale law 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.

Requires persons under 21 to show photograph identification to purchase or obtain tobacco products and requires retail dealers to certify knowledge of age of sale law.