Township of Cheltenham, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Cheltenham 11-19-1996 by Ord. No. 1872-96. Amendments noted where applicable.]
GENERAL REFERENCES
Smoking — See Ch. 246.
Soliciting and transient vendors — See Ch. 251.
Taxation — See Ch. 270.

§ 273-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CIGARETTE VENDING MACHINE
Any mechanical, electrical or electronic self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco or tobacco products either exclusively or as one kind of available item.
PERSON
An individual, firm, corporation, association or partnership.
TOBACCO PRODUCT
Any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.

§ 273-2 Sale of cigarettes and tobacco products to minors; self-service sales.

A. 
Sales to minors prohibited; mandatory identification; warning signs.
(1) 
It shall be unlawful for any person, including any retail business, to sell or furnish by gift, purchase or other means any cigarette or other tobacco product to any person under the age of 18 years.
(2) 
No person shall sell any cigarette or other tobacco product unless the purchaser either:
(a) 
Demonstrates proof of legal age by means of a photographic identification card issued by a government entity or school; or
(b) 
Reasonably appears to be at least 26 years of age or older.
(3) 
Warning signs.
(a) 
The warning sign shall state the following: "SALE OF CIGARETTES AND OTHER TOBACCO PRODUCTS TO PERSONS UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW. PHOTO I.D. WILL BE REQUIRED."
(b) 
Sign(s) must be posted in close proximity of the cash register. Such sign shall have letters at least 1/2 inch in height and in an easily readable format
B. 
Self-service sales prohibited.
(1) 
Any person, including any retail dealer, who sells any cigarettes or other tobacco products shall store or display such products in a locked case or in a storage case or display accessible only to the seller.
(2) 
Nothing in this subsection shall prohibit the storage, display or sale of cigarettes in vending machines.

§ 273-3 Vending machines.

A. 
Prohibitions and restrictions.
(1) 
No person shall permit, authorize or otherwise allow persons under 18 years of age to operate any cigarette vending machine as defined in this chapter.
(2) 
Cigarette vending machines are permitted in nonpublic work areas.
(3) 
Cigarette vending machines are prohibited in public areas, except in adult-only locations that require proof of age to enter.
B. 
Signage. A sign must be conspicuously posted on all cigarette vending machines declaring that tobacco products may not be sold to persons under 18 years of age.

§ 273-4 Violations and penalties.

Any person or legal entity violating the provisions of this chapter shall, upon summary conviction before a District Justice, pay a fine of not less than $100 nor more than $600, together with costs of suit, collectable in the manner provided by law. Each violation shall constitute a distinct and separate offense.