City of Erie, PA
Erie County
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Table of Contents
Table of Contents
Smoking prohibited in public places — See Art. 1127.
[Ord. 2-2003, passed 1-8-2003]
TOBACCO VENDING MACHINE — A device which, upon the insertion of cash, credit card, token or other means of payment, automatically dispenses or unlocks to allow the purchaser to obtain one or more tobacco products, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or other items generally recognized and regulated as smoking or tobacco products.
ACTUAL CONTROL — Refers to the person or entity, or the employees of such person or entity, which places merchandise in and physically takes revenue from the machine, regardless of the number of others who share the distribution of revenue.
[Ord. 2-2003, passed 1-8-2003; Ord. 3-2004, passed 1-15-2004; Ord. 1-2006, passed 1-4-2006]
No person, corporation or other entity shall own, keep or operate any vending machine for the sale of tobacco products without having first obtained the license and paid the fee required by this ordinance. While the license and fee may be required of either the owner, operator, distributor or lessee of any vending machine, there shall only be one such fee per machine per year, and it is the person or entity having actual control of the machine's merchandise and revenue who shall be required to obtain the license and pay the license tax.
Applicants for a license under this article shall file with the Bureau of Regulations and Licensing a sworn application in writing, which shall contain:
The name and physical description of the applicant;
A legal and local address which shall be valid for the period of the license, with immediate notice required if any change is made;
A statement of any convictions of the applicant in any jurisdiction for a felony, misdemeanor or municipal ordinance, identifying the place and nature of the charge and disposition thereof;
The proposed or actual location of every vending machine which will be included in the license; and
A certificate of general liability insurance in an amount not less than $500,000 per occurrence of any machines which are to be placed on City-owned property or in the City's right-of-way, naming the City of Erie as additional insured.
At the time of presenting the application, a fee of $75 shall be tendered for each such machine. No license shall be issued until the fee is paid in the amount aforesaid. Such fee shall be a license fee until December 31 of each year and shall be due and payable on or before February 1 in the applicable year such fee is imposed. These fees are intended to include the cost of investigation and license as well as general revenue as authorized by the Third Class City Code at 53 P.S. 37601. At the beginning of each subsequent year from application, the applicant shall file a renewal notice with any changes of location, number or type of machine, or other change from the original application information, and pay the appropriate fee for the year. The license officer shall affix an identification tag or sticker to each machine properly licensed for the current year.
Upon the completion of the original application, the License Officer shall commence an appropriate investigation to validate the information provided by the applicant. A license shall be issued to the applicant as soon as practical, and shall be denied only in the event that the investigation shows a significant history of criminal conduct, lack of honesty or financial responsibility by the applicant evidencing a disregard for the public health, safety or welfare. If a license has been issued pending the outcome of such an investigation, it may be revoked for such reasons or a renewal may be refused. In the case of any such denial, revocation or refusal to renew, the applicant shall be provided with a written statement from the licensing officer clearly setting forth the reasons for such action. Any applicant or licensee aggrieved by such denial, revocation or refusal to renew may, within 10 calendar days of the written notice from the License Officer, request in writing a hearing before the Director of Public Works or his designee, at which testimony and evidence may be presented and transcribed with the License Officer being required to present sufficient evidence to support the action taken and a written determination made.
[Ord. 2-2003, passed 1-8-2003]
The license tax provided by this ordinance shall not be assessed against the person, corporation or other entity which manufacturers the vending machine itself, as the term "manufacture" is construed under Pennsylvania tax law; nor against vending machines neither usable by the general public nor located in commercial, industrial, governmental or institutional buildings or grounds; nor against machines whose entire net revenue is devoted to the maintenance of an institution of purely public charity as defined by Pennsylvania law. Such manufacturers and charitable organizations must otherwise comply with the license application and renewal requirements.
[Ord. 2-2003, passed 1-8-2003]
Any person violating any provision of this article shall be guilty of a summary offense, and upon conviction shall be fined not more than $600 or imprisoned not more than 90 days or both.