Town of Amherst, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Amherst as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-8-1992 by L.L. No. 14-1992]
The Town Board finds that:
A. 
Tobacco-making is harmful to the citizens of this Town;
B. 
Tobacco is addictive;
C. 
Minors are frequently encouraged to smoke by peer pressure and the influence of advertising; and
D. 
Even though sale of tobacco to persons under 18 years of age is a violation of state law, minors have easy access to tobacco products through purchases made at unattended vending machines.
It is the purpose of this article to restrict minors from purchasing or obtaining tobacco products from vending machines.
As used in this article, the following terms shall have the meanings indicated:
TOBACCO PRODUCTS
One or more cigarettes or cigars, chewing tobacco, powdered tobacco or any other tobacco products.
A. 
No person, corporation, partnership or other legal entity of any nature shall offer or permit the sale of tobacco products through vending machines in the Town of Amherst, outside of the Village of Williamsville, except within premises licensed by the New York State Liquor Authority for the sale of alcoholic beverages for on-premises consumption.
B. 
No person, corporation, partnership or other legal entity of any nature shall permit a vending machine to be used to offer or permit the sale of tobacco products unless it is placed at least 30 feet from any entrance to or exit from the premises.
This article shall be enforced by the Amherst Police Department.
A first violation of this article shall be punishable by a fine not to exceed $50. A second or subsequent violation of this article shall be punishable by a fine not to exceed $250 or imprisonment for not more than 15 days, or both such fine and imprisonment.
This article shall take effect immediately.