SENATE, No. 1232

 

STATE OF NEW JERSEY

 

INTRODUCED JUNE 3, 1996

 

 

By Senator SINAGRA

 

 

An Act concerning tobacco product advertising outdoors and in certain retail establishments and supplementing Title 40 of the Revised Statutes.

 

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

 

    1. Every municipality in the State shall adopt an ordinance within 60 days of the effective date of this act prohibiting tobacco product advertising on billboards in that municipality that are less than 225 square feet in size. For the purposes of this section, "tobacco product" includes cigarettes, loose tobacco, cigars, and smokeless tobacco.

 

    2. Every municipality in the State shall adopt an ordinance within 60 days of the effective date of this act prohibiting any outward-facing retail window displays that advertise any tobacco products in retail establishments in the municipality that are located within 1,000 feet of any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board or within 1,000 feet of any outdoor playground. For the purposes of this section, "tobacco product" includes cigarettes, loose tobacco, cigars, and smokeless tobacco.

    The boundaries of the 1,000 foot perimeter shall be determined by a municipality upon adoption of a resolution or ordinance approving a map, produced or reproduced by a municipal or county engineer for the purpose of depicting the location and boundaries of the area within 1,000 feet of any such school property or playground, as official finding and record of the location and boundaries of the area on or within 1,000 feet of school property or a playground.

 

    3. Any person who violates the provisions of this act shall be liable to a penalty of not less than $100 or more than $300 for a first offense and $1,000 for each subsequent offense for each day the billboard or sign is determined to be in violation of this act.

 

    4. a. The local health agency for the municipality shall investigate all bona fide complaints of violations of this act it receives in its jurisdiction. Any penalty recovered under this act shall be recovered by and in the name of the local health agency. The penalty recovered shall be paid by the local agency 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 health agency or the municipal law enforcement authority.

 

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

 

 

STATEMENT

 

    This bill prohibits the advertising of tobacco products on billboards that are less than 225 square feet that are generally located in urban areas of the State. The bill also prohibits tobacco advertising on outward-facing retail window displays in establishments that are within 1,000 feet of a school or playground.

    The bill directs municipalities to adopt ordinances to restrict this type of tobacco advertising in the areas within their jurisdiction. The bill also authorizes local health agencies to investigate all bona fide complaints of violations of the bill it receives in its jurisdiction. Any penalty recovered under the bill shall be recovered by and in the name of the local health agency. The penalty recovered shall be paid by the local agency into the treasury of the municipality wherein the violation occurred.

    The penalty for violation of the provisions of the bill is a fine of not less than $100 or more than $300 for a first offense and $1,000 for each subsequent offense for each day the billboard or sign is determined to be in violation of the bill.

    The prohibitions on advertising of tobacco products in this bill are for the purpose of reducing the attractiveness of tobacco products to minors and, therefore, their use of these products. These provisions are consistent with recent proposals made by Philip Morris USA for curbing use of tobacco products by minors.

  

 

                             

Prohibits advertising of tobacco products on small billboards and outward-facing window displays of certain retail establishments.