New Jersey § 2a:170-51

§ 2a:170-51.

a. No person, either directly or indirectly by an agent or employee, or by a vending

machine owned by the person or located in the person's establishment, shall sell,

offer for sale, distribute for commercial purpose at no cost or minimal cost or with

coupons or rebate offers, give or furnish, to a person under 21 years of age: (1) 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;

or (2) any electronic smoking device that can be used to deliver nicotine or other substances

to the person inhaling from the device, including, but not limited to, an electronic

cigarette, cigar, cigarillo, or pipe, or any cartridge or other component of the device

or related product. 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 electronic smoking device or the

recipient of the promotional sample falsely represented, by producing either a driver's

license or non-driver identification card issued by the New Jersey Motor Vehicle Commission,

a similar card issued pursuant to the laws of another state or the federal government

of Canada, or a photographic identification card issued by a county clerk, that the

purchaser or recipient was of legal age to make the purchase or receive the sample; (2) that the appearance of the purchaser of the tobacco product or electronic smoking

device or the recipient of the promotional sample was such that an ordinary prudent

person would believe the purchaser or recipient to be of legal age to make the purchase

or receive the sample; and (3) that the sale or distribution of the tobacco product or electronic smoking device

was made in good faith, relying upon the production of the identification set forth

in paragraph (1) of this subsection, the appearance of the purchaser or recipient,

and in the reasonable belief that the purchaser or recipient was of legal age to make

the purchase or receive the sample. c. A person who violates the provisions of subsection a. of this section, including

an employee of a retail dealer licensee under P.L.1948, c. 65 ( C.54:40A-1 et seq. ) who actually sells or otherwise provides a tobacco product to a person under 21 years of age, shall be liable to a civil penalty of not less than $250 for the first

violation, not less than $500 for the second violation, and $1,000 for the third and

each subsequent violation. The civil penalty shall be collected pursuant to the “Penalty Enforcement Law of

1999,” P.L.1999, c. 274 ( C.2A:58-10 et seq. ), in a summary proceeding before the municipal court having jurisdiction. An official authorized by statute or ordinance to enforce the State or local health

codes or a law enforcement officer having enforcement authority in that municipality

may issue a summons for a violation of the provisions of subsection a. of this section,

and may serve and execute all process with respect to the enforcement of this section

consistent with the Rules of Court. A penalty recovered under the provisions of this subsection shall be recovered by

and in the name of the State by the local health agency. The penalty shall be paid into the treasury of the municipality in which the violation

occurred for the general uses of the municipality. d. In addition to the provisions of subsection c. of this section, upon the recommendation

of the municipality, following a hearing by the municipality, the Division of Taxation

in the Department of the Treasury may suspend or, after a second or subsequent violation

of the provisions of subsection a. of this section, 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 monetary penalty

in lieu of a suspension. e. A penalty imposed pursuant to this section shall be in addition to any penalty

that may be imposed pursuant to section 3 of P.L.1999, c. 90 ( C.2C:33-13.1 ).