[Adopted 4-16-1991, effective 4-29-1991]
As used in this article, the following terms shall have the
meanings indicated:
To give, sell, deliver, dispense, issue, offer to give, sell,
deliver, dispense or issue or to cause or hire any person to give,
sell, deliver, dispense, issue or to offer to give, sell, deliver,
dispense or issue.
Any natural person, corporation, partnership, firm, organization
or other legal entity.
Any area to which the public is invited or permitted.
A food service establishment open to the general public which
is licensed for the sale of spirits.
An establishment where alcoholic beverages are sold for on-site
consumption and in which the service of food, if served at all, is
incidental to the sale of such beverages, except for a bar located
in a hotel or motel. Examples of public places not deemed to be "taverns"
within this definition include but are not limited to restaurants
that do not have licenses to serve spirits, catering halls, bowling
alleys, billiard parlors, roller rinks, pizzerias, laundromats, game
rooms and gas stations, malls, convenient stores, hotel or motel lobbies,
schools and amusement, entertainment and recreational facilities.
Any substance which contains tobacco, including but not limited
to cigarettes, cigars, smoking tobacco and smokeless tobacco.
Any mechanical, electronic or other similar device which
dispenses tobacco products.
No person shall permit the distribution of a tobacco product
through the operation of a vending machine in a public place. This
prohibition shall not apply to the distribution of tobacco products
in a tavern, restaurant, bar within a hotel or motel or businesses
where vending machines are strictly for the use of employees of businesses
located at such premises.
Distribution of tobacco products in a tavern and restaurants
through vending machines. Notwithstanding the foregoing, tobacco products
may be distributed in taverns in the following ways:
A.
Through a vending machine which must be placed at a distance of a
minimum of 25 feet from any entrance/exit to the premises, directly
visible by the owner of the premises or his or her employee or agent
during the operation of such vending machine.
[Amended 12-9-2003, effective 12-19-2003]
A wholesale dealer, retail dealer, lessee or owner of each vending
machine shall post a durable sign on any vending machine which such
dealer or owner is licensed to own, operate or maintain. Such sign
shall be visible to the general public and provide the applicable
cigarette license number and expiration date and the license holder's
name, place of business, phone number and license number issued to
the owner by the Commissioner of Permit and Inspection Services. Each
tobacco vending machine shall post in a conspicuous place a sign upon
which there shall be imprinted the following statement, "SALE OF CIGARETTES,
CIGARS, CHEWING TOBACCO, POWDERED TOBACCO OR OTHER TOBACCO PRODUCTS
TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW." Such
sign shall be printed on a white card in red letters at least one
inch in height.
[Amended 12-9-2003, effective 12-19-2003]
The Division of Licenses of the Department of Permit and Inspection
Services shall enforce the provisions of this section. In addition,
designated enforcement employees of the Department of Permit and Inspection
Services, Department of Police and the Department of Fire shall have
the power to enforce the provisions of this section.
A.
Any person, firm, partnership, company or corporation found to be
in violation of this article shall be liable for a civil penalty of
not more than $300 for the first violation; not more than $500 for
the second violation and not more than $1,000 for the third and all
subsequent violations. In addition, for the third and all subsequent
violations, any person found to be in violation of this article shall
be subject to the suspension of his or her tobacco vending license
for a period not to exceed one year, after notice and the opportunity
for a hearing before the Commissioner of Permit and Inspection Services.
The Department shall promptly give written notice to the owners identified
on the tobacco vending machine of any such violations by an owner
of a premises, or his or her employee or agent. For the purpose of
this article, such notice shall be prima facie evidence that the owner
of the vending machine not within the codes has knowledge of violations.
[Amended 12-9-2003, effective 12-19-2003]
B.
The penalties provided by this article shall be in addition to any
other penalty imposed by any other provision of law or regulation
thereunder.
