§ 348-2Regulation of tobacco vending
machines and tobacco vending machine sales.
§ 348-3Prohibition on self-service racks
for all tobacco products.
§ 348-4Violations and penalties.
As used in this chapter, the following terms shall have the meanings indicated:
- An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
- SELF-SERVICE CIGARETTE OR TOBACCO PRODUCT DISPLAY
- Any shelving or storing of cigarettes or tobacco products in an area of the establishment to which customers have access and/or in a location where the customer could reach the cigarettes or tobacco products and take same without the assistance of an employee of the establishment.
- Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling, and any other personal use, including cigars, chewing tobacco, pipe tobacco, snuff, and cigarettes in any form.
- VENDING MACHINE
- Any automated, self-service device which, upon insertion of money, tokens or any other form of payments, dispenses cigarettes or other tobacco products.
It is unlawful for any person to offer for sale, or to give or furnish, any tobacco through a vending machine, unless the vending machine meets the following requirements for operations:
The operation of the vending machine to dispense tobacco products is possible only by the activation of an electronic switch or electronic device, which is controlled by the proprietor of the establishment or an employee designated by the proprietor, which employee is over the age of 18 years. The electronic switch or device, which activates the machine, shall operate in such a fashion that the vending machine shall remain in the off position until activated for each individual sale.
The proprietor or employee shall, before activating the machine, make the determination by examination of two forms of identification, including a photo identification, that the person wishing to use the tobacco vending machine is 18 years of age or older.
The tobacco vending machine must be located in the establishment within the line of sight of the person responsible for operating the locking device.
Self service cigarette or tobacco product displays are prohibited, and it is unlawful to offer for sale or to sell cigarettes or tobacco products from the self-service display of cigarettes or tobacco products.
Any person violating the provisions of this chapter shall, upon conviction thereof, be subject to a fine of $250 for the first offense, $500 for the second offense, and $1,000 for the third and each subsequent violation.