[Adopted 8-12-1991 by Ord. No. 1737]
As used in this article, unless the context
clearly indicates otherwise:
Any automatic vending machine use for the sale of cigarettes
and matches and controlled by the insertion of legal tender. It shall
not include machines or devices used solely for the vending of service,
beverages, food or confections.
Any person, partnership, firm, corporation or association,
whether for-profit or nonprofit, which either:
A.
Any person who either displays for public patronage, or keeps for operation, any cigarette vending machine as defined by § 13-87 herein shall be required to obtain an annual sticker for each and every such cigarette vending machine from the Township Treasurer of the Township of Whitehall upon payment of the annual sticker fee.
B.
Only one cigarette vending machine shall be operated
under each such sticker and a separate, individual sticker shall be
obtained for each cigarette vending machine.
C.
No sticker shall be issued to any person unless that
person, when applicable, and the individual natural person submitting
the sticker application are each over 21 years of age and a citizen
of the United States.
D.
If any person who owns or controls a cigarette vending
machine, or who owns, occupies or operates the place of business,
obtains a sticker and pays the sticker fee for a particular cigarette
vending machine, then all persons who own or control that cigarette
vending machine and who own, occupy or operate the place of business
in which that cigarette vending machine is located, shall be deemed
to have complied with the requirements of this article to obtain that
sticker for the particular cigarette vending machine, for as long
as that sticker remains valid and in effect.
The application for the sticker shall be made
to the Treasurer of Whitehall Township upon a form supplied by the
Treasurer for that purpose. The application shall contain the following
information:
A.
Name and address of the person applying for the sticker.
B.
Age and date and place of birth of the individual
natural person who is submitting the application and the person who
will hold the sticker, if applicable.
C.
Location where the cigarette vending machine is to
be displayed or operated.
D.
Business conducted at that location.
A.
Every person, before being granted an annual sticker,
shall pay the annual sticker fee for the privilege of operating, maintaining
for operation, controlling or displaying each cigarette vending machine.
The annual sticker fee shall be established by resolution of the Board
of Commissioners of Whitehall Township, from time to time, and shall
be included in the Fee Schedule established in the Township Code.
B.
Every annual sticker shall expire on December 31 of
each calendar year.
A.
The sticker required by this article for each cigarette
vending machine shall be posted permanently and conspicuously in the
premises wherein the cigarette vending machine is to be operated,
maintained for operation or displayed, affixed to that cigarette vending
machine.
B.
The sticker may be transferred from any one cigarette
vending machine to another similar substitute cigarette vending machine,
or to another location in Whitehall Township in the event of a relocation
of the place of business, but only upon submission and approval of
a new application to the Township Treasurer giving the same information
for the substitute cigarette vending machine as for any initial application
for a sticker. No payment of an additional fee shall be required for
the remainder of the calendar year for which the initial sticker was
issued.
C.
A sticker for a cigarette vending machine shall not
be transferable from person to person nor place to place and shall
be usable only by the person and at the place designated in the initial
sticker application.
A.
No person holding a sticker under this article shall
permit any individual natural persons under 18 years of age (hereinafter
"minor") to operate or obtain cigarettes from the cigarette vending
machine for which that person holds the sticker.
B.
No cigarette vending machine shall be located, displayed,
operated or maintained at any location or place of business which
is accessible by the public, such as customers or visitors, except
as further provided in this section.
C.
If a location or place of business restricts access by minors, by either prohibiting minors from its premises, permitting minors only with adult supervision or by virtue of other characteristics which effectively exclude minors as expected customers or visitors, then those locations or places shall be exempted from Subsection B of this section. Places of business that restrict access by minors in accordance with this subsection include, but are not limited to, bars, restaurants with liquor licenses and beer distributors.
D.
No person or applicant for a sticker shall knowingly
make any false statement or representation in or on any application,
record, report, sticker or other document which is filed, submitted,
maintained or used for purposes of compliance with this article, relating
to cigarette vending machines, stickers or fees; the ownership, location,
display, operation, maintenance or control cigarette vending machines
or the ownership, occupancy or operation of any place of business
in which any cigarette vending machine is placed.
A.
Every sticker issued pursuant to this article is subject
to the right of the Township to revoke that sticker, without any refund
of the annual sticker fee, which right is hereby expressly reserved,
if the cigarette vending machine is operated, maintained, controlled
or displayed in violation of the provisions of this article, any of
the other ordinances of the Township of Whitehall or any of the laws
of the Commonwealth of Pennsylvania.
B.
The sticker may be revoked by the Mayor after written
notice to the person holding that sticker. The notice shall specify
the violations of this article or other laws which are alleged. The
cigarette vending machine for which the revoked sticker was issued
shall be removed from that location forthwith, without any refund
of the annual sticker fee. Thereafter, no cigarette vending machine
shall be placed in that location for a period one calendar year. Provided,
that any such revocation or removal shall be stayed upon filing of
a written dispute of the revocation, as hereinafter provided.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
C.
If the sticker holder disputes the revocation of the
sticker in writing within 30 days of notice of revocation, then the
sticker holder shall be entitled to and given at least 10 days notice
of a hearing on the revocation to be held before the Township's Board
of Commissioners.
D.
At the hearing such person and his attorney may present
witnesses and submit evidence in defense of the allegation.
E.
If the hearing concludes that such violations are
found to have occurred, then the sticker shall be revoked and returned
to the Township and the cigarette vending machine shall be removed
from that location forthwith, without any refund of the annual sticker
fee.
F.
Any such finding or sticker revocation shall be appealable
under the Local Agency Law (2 Pa.C.S.A. § 105 et seq.)
[Amended 11-11-1991 by Ord. No. 1746; 8-8-2005 by Ord. No.
2578]
Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
30 days. Each day that a violation of this article continues shall
constitute a separate offense.
