CROSS REFERENCES
Smoking prohibited in public places — See Art.
1127.
[Ord. 2-2003, passed 1-8-2003]
(a)
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.
(b)
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]
(a)
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.
(b)
Applicants for a license under this article shall file with the Bureau
of Regulations and Licensing a sworn application in writing, which
shall contain:
(1)
The name and physical description of the applicant;
(2)
A legal and local address which shall be valid for the period
of the license, with immediate notice required if any change is made;
(3)
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;
(4)
The proposed or actual location of every vending machine which
will be included in the license; and
(5)
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.
(c)
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.
(d)
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.
