It is the policy of the city council of the city to encourage enforcement of state and local laws prohibiting the sale of tobacco products to, and the purchase of tobacco products by, minors. Unattended tobacco vending machines are a primary source of tobacco products for minors. Enactment of this chapter will make it more difficult for minors to obtain tobacco products unlawfully.
(Prior code § 114.01)
The city council finds as follows:
A. 
The vending of tobacco products from vending machines increases the likelihood that nonsmokers will be exposed to second-hand smoke and makes enforcement of the city's no-smoking rules more difficult because it encourages smokers to smoke in the public places where the vending machines are located.
B. 
The vending of tobacco products from vending machines increases the likelihood that minors will be able to purchase tobacco products even though the purchase of tobacco products by minors and the sale of tobacco products to minors is prohibited by state law.
(Prior code § 114.02)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"Tobacco product"
means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion.
"Tobacco vending machine"
means any electronic or mechanical device, the operation of which depends upon the insertion of money, whether-in coin or paper bill or other thing representative of value, which dispenses or vends a tobacco product.
(Prior code § 114.03)
A. 
No person, firm or corporation shall locate, install, keep, maintain or use or permit the location, installation, keeping, maintenance or use on his, her or its premises of any tobacco vending machine for the purpose of selling or distributing any tobacco product therefrom, excepting therefrom any cigarette machine located in any business premises from which minor persons are excluded by law.
B. 
Any tobacco vending machine in use on the effective date of this chapter shall be removed within six months after the effective date.
(Prior code § 114.04)