S1513

An Act concerning the sale of tobacco products in vending machines and supplementing 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 are permitted in workplaces not ordinarily open to customers or the public, generally; 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 on all these premises 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 only be effective after the municipality notifies the owner of the vending machine in writing 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 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 six 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 where 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 of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Process shall be in the nature of a summons or warrant and shall be issued 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

The bill is intended to address the problem of underage smoking by banning 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 $300 per day for a first offense and $1,000 a day for each subsequent offense. An exception exists for vending machines located inside certain workplaces, 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.