[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]
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.
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:
- CIGARETTE VENDING MACHINE
- 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.
- INDUSTRIAL WORK LOCATION
- 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.
- PERSON, FIRM, CORPORATION OR ASSOCIATION
- 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.
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.
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.
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.
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]
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.