The Board of Commissioners of the Township of
Radnor hereby finds that:
A. The Surgeon General of the United States has called
for a ban on the sale of cigarettes by vending machines.
B. The Commonwealth of Pennsylvania has banned the sale
or furnishing of cigarettes or tobacco in any form to minors under
the age of 18.
C. The presence of cigarette vending machines permits
indiscriminate sales of cigarettes to minors, not preventable by any
assured means of enforcement.
D. No penalty has been imposed by the Commonwealth statute
upon minors for the purchase of cigarettes; rather, penalties are
imposed only on the seller.
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, through the insertion of money or any other form of payment,
dispenses tobacco or tobacco products.
DEPARTMENT
The Department of Community Development of the Township of
Radnor.
DIRECTOR
The Director of Community Development or duly authorized
agent.
PERSON
Any person, firm, corporation or association.
[Amended 4-26-1999 by Ord. No. 99-09]
A. No person shall own, operate, rent or permit the use
of a cigarette vending machine on premises under such entity's control
in the Township of Radnor except as provided herein.
B. No person who owns a cigarette vending machine or
who owns a place of business within which a cigarette vending machine
is placed for use by the public or who has control over a cigarette
vending machine placed for use by the public shall permit, authorize
or otherwise allow such machine:
(1) To be operated by a minor.
(2) To be placed at a location except as permitted by
this article.
(3) To remain unmonitored in violation hereof.
(4) To be operated unless a sign is conspicuously posted
thereon declaring that tobacco products may not be sold to persons
under 18 years of age.
C. Cigarette vending machines may be located in establishments
which exclude minors as expected personnel or customers, including,
but not limited to, bars, beer distributors and work areas not generally
open to the public. In these establishments, cigarette vending machines
shall not be located within entranceways.
D. Cigarette vending machines may be located in food-handling establishments, as defined in Chapter
170 of the Township Code, and in gasoline service stations if they are located where there is an unobstructed and uninterrupted view of the machine by the facility owner, operator or their designee, who shall monitor the machine at all times. In such establishments cigarette vending machines shall not be located in public rest rooms or entranceways.
E. It shall be unlawful for any person, including any
retail dealer, to sell or offer for sale any cigarette or other tobacco
product which bears a health warning required by law, other than in
the package, box, carton or other container provided by the manufacturer,
importer or packager which bears a health warning required by federal
law.
F. 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. No person selling cigarettes or other tobacco
products shall allow anyone other than the seller or the seller's
agent to physically remove any such product or its package from its
storage or display case.