[Adopted 8-8-1995 by Ord. No. 2538]
As used in this article, the following terms shall have the meanings indicated:
TOBACCO and TOBACCO PRODUCTS
[Amended 8-8-2018 by Ord. No. 3655]
A. 
Any product containing tobacco leaf including, but limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco;
B. 
Any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the exception that the product or matter will be introduced into the human lungs or mouth in smoke or vapor form, using any tobacco paraphernalia, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependency.
VENDING MACHINES
Any automated, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarettes or other tobacco products.
It shall be unlawful for any person to offer for sale, or to give or furnish, any tobacco through a vending machine, unless the vending machine meets the following requirements of operation:
A. 
The vending machine shall be located within a premises in one of the commercial zones of the Village.
B. 
The operation of the vending machine to dispense tobacco products is possible only by the activation of an electronic switch or electronic device, which device is controlled by the proprietor of the establishment or an employee designated by the proprietor, which employee is over the age of 18 years. The electronic switch or device, which activates the machine, shall operate in such a fashion that the vending machine shall remain in the "off" position until activated for each individual sale.
C. 
The proprietor or employee shall, before activating the machine, have made the determination by examination of two forms of identification, including a photo identification, that the person wishing to use the tobacco vending machine is 18 years of age or older.
A violation of any section of this article shall, upon conviction, result in a fine not exceeding $1,000 or imprisonment for any term not exceeding 90 days or a period of community service not exceeding 90 days. A minimum fine of $100 shall be assessed for each violation of this article.