Township of Lower Merion, PA Cigarette Vending Machines

[1]

Editor's Note: Former Art. IVA, Bulk Food, which consisted of §§ 90-31.1 through 90-31.5, was renumbered as Art. IV, §§ 90-7 through 90-11, 11-18-1987 by Ord. No. 3069.

The Board of Commissioners of the Township of Lower Merion hereby finds that:

The Surgeon General of the United States has called for a ban on the sale of cigarettes by vending machines.

The Commonwealth of Pennsylvania has banned the sale or furnishing of cigarettes or tobacco in any form to minors under the age of 18.

The presence of cigarette vending machines permits indiscriminate sales of cigarettes to minors, not preventable by any assured means of enforcement.

No penalty has been imposed by commonwealth statute upon minors for the purchase of cigarettes; rather, penalties are imposed only on the seller.

[Amended 1-19-1994 by Ord. No. 3345]

No person, firm, corporation or association shall own, operate, rent or permit the use of a cigarette vending machine on premises under such entity's control in the Township of Lower Merion except as provided herein.

Any person violating the provision of § 90-11.2A shall be subject to a fine of $500 for each such violation. No person, firm, corporation or association which owns a cigarette vending machine or which owns a place of business within which a cigarette vending machine is placed for use by the public or which has control over a cigarette vending machine placed for use by the public shall permit, authorize or otherwise allow such machine:

(1)

To be operated by a minor;

(2)

To be placed at a location except as permitted by this article;

(3)

To remain unmonitored in violation hereof; or

(4)

To be operated unless a sign is conspicuously posted thereon declaring that tobacco products may not be sold to persons under 18 years of age.

Cigarette vending machines may be located in establishments which exclude minors as expected personnel or customers, including but not limited to bars, beer distributors and work areas not generally open to the public. In these establishments, cigarette vending machines shall not be located within entranceways.

Cigarette vending machines may be located in an eating and drinking place, as defined in this chapter, and in gasoline service stations if they are located where there is an unobstructed and uninterrupted view of the machine by the facility owner, operator or their designee, who shall monitor the machine at all times. In such establishments cigarette vending machines shall not be located in public rest rooms or entranceways.

Any person, firm, corporation, association, facility owner or operator or the designee thereof violating the provisions of this section shall be subject to a fine for each such violation occurring on a premises under such entity's control of $100 for the first violation, $250 for the second violation, $500 for the third violation and $1,000 for each subsequent violation. Each day a cigarette vending machine is located in violation of this section shall be considered a separate offense.