Chapter 5.40


5.40.010    Purpose.

5.40.020    Vending machines sales unlawful.

5.40.030    Exception – Token-operated machines.

5.40.040    Restrictions on self-service sale of tobacco products.

5.40.050    Violations – Penalties.

5.40.010 Purpose.

The purpose of this chapter is to protect the public health and welfare by regulating vending machines which dispense cigarettes and/or tobacco products, by further regulating the manner and place in which cigarettes and/or tobacco products may be displayed at retail outlets, and to recognize that laws enacted to prohibit the sale of cigarettes and/or tobacco products to minors cannot be effectively enforced when tobacco products are offered for sale in vending machines or displayed in a manner in which they are subject to shoplifting. (Ord. 839 § 2, 2003)

5.40.020 Vending machines sales unlawful.

Except as provided in Section 5.40.030, it is unlawful for any person to place, install or maintain any vending machine or appliance, or any other device designed or used for vending purposes from which cigarettes and/or other tobacco products are sold, offered for sale, or distributed. (Ord. 839 § 2, 2003)

5.40.030 Exception – Token-operated machines.

Any cigarette vending machine operating in the city shall vend cigarettes in exchange for tokens only and shall not accept coins or any other type of currency. Tokens needed to operate the cigarette vending machine shall be sold only by adults to adults. Tokens may not be sold from any machine. (Ord. 839 § 2, 2003)

5.40.040 Restrictions on self-service sale of tobacco products.

It is unlawful to sell, permit to be sold, or offer for sale any tobacco product by means of self-service merchandising, or by any means other than a vendor-assisted sale. As used in this section “self-service display” means an open display of tobacco products, which is accessible without the intervention of a vendor, including, but not limited to, a rack, shelf, or counter-top display. As used in this section “vendor assisted sale” means a purchase requiring a direct, face-to-face exchange between the vendor and the customer, in which the vendor does not transfer possession of the product to the customer until the purchase is completed. (Ord. 839 § 2, 2003)

5.40.050 Violations – Penalties.

Any person violating any provision of this chapter shall be subject to penalty as provided in Section 1.01.090 and Title 4 of this code. (Ord. 955 § 3, 2011; Ord. 839 § 2, 2003)