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:
CIGARETTE
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.
PERSON
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.
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.