[HISTORY: Adopted by the Board of Supervisors of the Township of Tredyffrin as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-20-1991 by Ord. No. HR-167 (Ch. VI, Art. 8, of the 1979 General Laws of the Municipality of Tredyffrin)]
The General Assembly of the Commonwealth of Pennsylvania has prohibited the sale of tobacco products to any minor under the age of 18 years (18 Pa.C.S.A. § 6305). It is determined by the Board of Supervisors that the use of tobacco products by minors poses a danger to their, and the general public's health, safety and welfare.
It is determined by the Board of Supervisors that many minors illegally purchase cigarettes by means of vending machines. It is determined by the Board of Supervisors that regulating cigarette vending machines to prevent use by minors will significantly reduce consumption of tobacco products by minors and benefit public health, safety and welfare.
As used in this article, the following terms shall have the meanings indicated:
- CIGARETTE VENDING MACHINE
- Any automatic vending machine for the sale of cigarettes, controlled by the insertion of legal tender. It shall not include machines or devices used solely for the vending of service, food or confections.
- PERSON; FIRM; CORPORATION; ASSOCIATION
- As used herein, the terms shall include the following: any person, firm, corporation or association which owns any such machine; the person, firm, corporation or association in whose place of business any such machine is placed for use by the public; and the person, firm, corporation or association having control over such machine.
No person, firm, corporation or association shall own, operate, rent or permit the use of a cigarette vending machine in any location on premises under his or her control in Tredyffrin Township.
Any person, firm, corporation or association who or which violates or permits a violation of this article, upon being found liable therefor in a civil enforcement proceeding, shall pay a fine of not less than $50 nor more than $600, plus all court costs, including reasonable attorney's fees, incurred by the township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the District Justice and/or Court. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.