[Adopted 8-8-1995 by Ord. No. 2538]
As used in this article, the following terms
shall have the meanings indicated:
[Amended 8-8-2018 by Ord. No. 3655]
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;
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.
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 sell,
give, furnish or permit to be sold, given or furnished, to any person
under the age of 18 years, tobacco in any form.
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.
It shall be unlawful for any person to tamper
with a tobacco vending machine in any manner, including removal, disconnecting
or otherwise disabling the electronic limiting device.
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.
