[HISTORY: Adopted by the Board of Supervisors of the Township of West Goshen 5-28-1991 by Ord. No. 2-1991. Amendments noted where applicable.]
This chapter shall be known as the "Cigarette Vending Machines' Regulatory Ordinance."
The General Assembly of the Commonwealth of Pennsylvania has, by duly adopted legislation, prohibited the sale of cigarettes to minors (Act of December 6, 1972, P.L. 1482, No. 334, Section 1, 18 Pa.C.S.A. § 6306). It is determined by the Board of Supervisors that the use of tobacco products by minors poses a danger to their health, safety and welfare and that of the general public and that minors illegally purchase or have the ability to purchase cigarettes by means of cigarette vending machines. Therefore, the Board determines that regulating cigarette vending machines to prevent their use by minors will significantly reduce consumption of cigarette tobacco products by minors and will benefit their health, safety and welfare and that of the general public.
As used in this chapter, the following terms shall have the meanings indicated:
- Any roll of tobacco for smoking made wholly or in part of tobacco or a roll of tobacco in a wrapper or cover made of any substance or material other than tobacco, regardless of the size or shape of the roll or whether the tobacco is flavored, adulterated or mixed with any other ingredient.
- CIGARETTE VENDING MACHINE
- Any mechanical device, whether automatic or manually operated, controlled by the insertion of legal tender from which cigarettes are dispensed, whether separately or in a pack of cigarettes.
- PACK OF CIGARETTES
- A package, box or container in which cigarettes are dispensed.
- Any individual, corporation, whether incorporated or unincorporated, firm, association or other legal entity whatsoever. The term includes the person who owns a cigarette vending machine, the person in whose place of business any cigarette vending machine is placed or located or used by the general public and the person having control over such machine.
No person shall permit any person under the age of 18 years to operate any cigarette vending machine.
No cigarette vending machine shall be located, displayed or operated at any location unless said location prohibits minors from its premises or permits minors only with adult supervision.
Cigarette vending machines shall be placed in locations only where the machine and its operation are directly visible at all times to the owner or operator of the premises or his agent, servant or employee.
Cigarette vending machines shall not be placed in patron rest rooms or rest room areas.
The provisions of this chapter shall be enforced by officers of the West Goshen Township Police Department and any Township Codes Enforcement Officer, each of whom is authorized to bring prosecutions for violations of this chapter.
[Amended 7-24-1996 by Ord. No. 7-1996]
Any person who violates or permits the violation of any provision of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the township before a District Justice, pay a fine for each such violation in an amount not less than $100 and not more than $1,000, plus all court costs, including reasonable attorney fees, incurred by the township. No judgment shall be imposed until the date of the determination of violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation of § 33-4B, C or D is permitted to occur shall constitute a separate offense.