[HISTORY: Adopted by the Board of Supervisors
of the Township of Uwchlan as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-28-1991 by Ord. No. 91-02]
A.
The General Assembly of the Commonwealth of Pennsylvania
has prohibited the sale of tobacco products to any minor under the
age of 18 years (18 Pa.C.S.A. § 6305). It is determined
by the Board of Supervisors that the use of tobacco products by minors
poses a danger to their and the general public's health, safety and
welfare.
B.
It is determined by the Board of Supervisors that
many minors illegally purchase cigarettes by means of vending machines.
It is determined by the Board of Supervisors that regulating cigarette
vending machines to prevent use by minors will significantly reduce
consumption of tobacco products by minors and benefit public health,
safety and welfare.
As used in this article, the following terms
shall have the meanings indicated:
Any automatic vending machine for the sale of cigarettes,
controlled by the insertion of legal tender. It shall not include
machines or devices used solely for the vending of service, food or
confections.
Includes any factory, office, warehouse or other place of
employment. Said terms shall not include retail establishments, hotels
or other businesses open to the general public.
Includes the following: any person, firm, corporation or
association which owns any such machine; the person, firm, corporation
or association in whose place of business any such machine is placed
for use by the public; and the person, firm, corporation or association
having control over such machine.
A.
No person, firm, corporation or association shall
permit persons under 18 years of age to operate any cigarette vending
machines as defined in this article.
B.
No cigarette vending machine shall be located, displayed
or operated at any location unless said location prohibits minors
from its premises, permits minors only with adult supervision, or
is an industrial work location as defined herein.
C.
Cigarette vending machines shall only be placed in
locations wherein the person, firm, corporation or association or
their designees can, in the normal course of their employment, view
any person using said machine. Industrial work locations will be exempt
from this rule.
D.
Cigarette vending machines shall not be placed in
patron rest rooms or rest room areas, foyers or vestibules, pantry
or waiting rooms, or any other inconspicuous areas. Industrial work
locations will be exempt from this rule.
[Amended 3-24-1997 by Ord. No. 97-05[1]]
Any person, firm, corporation or association
who or which violates or permits the violation of any provision of
this article shall be subject to a criminal fine in an amount not
to exceed $1,000, plus the costs of prosecution, including reasonable
attorneys' fees. In default of payment, the defendant shall be liable
to imprisonment for up to 90 days. Enforcement of this article shall
be by action brought before a Magisterial District Judge in the same
manner provided for the enforcement of summary offenses under the
Pennsylvania Rules of Criminal Procedure. The Township Solicitor may
assume charge of the prosecution without the consent of the District
Attorney.
