[Adopted 1-4-2005]
In view of the indiscriminate sales of cigarettes to minors by automatic vending machines, all cigarette vending machines are hereby prohibited in the City of Union City, except as otherwise provided in § 351-5.
Notwithstanding the prohibition against cigarette vending machines specified in § 351-4, a cigarette vending machine is not prohibited if such machine is manufactured, is mechanically altered or is otherwise set up in such a manner as to render the machine incapable of dispensing cigarettes without some affirmative action by an employee or owner of the establishment in which said machine is located, which action shall be necessary to enable the machine to dispense cigarettes to one customer, but shall not enable the machine to dispense cigarettes to subsequent customers without the repetition of said action by the employee or owner prior to the use of the machine by each such customer.
Any person owning, operating, renting or permitting the use of a cigarette vending machine on the premises under his or her control shall be subject to a fine of $250. Each day on which such a machine is owned, operated, rented or permitted on the premises shall result in an additional fine.