Chapter 7.114
CIGARETTE AND/OR TOBACCO VENDING MACHINES

Sections:

7.114.010    Short title.

7.114.020    Intent and purpose.

7.114.030    Prohibition of vending machine sales.

7.114.040    Exemptions.

7.114.050    Violations—Penalties.

7.114.010 Short title.

This chapter shall be known as the “cigarette and/or tobacco vending machine ordinance.” [Ord. 4136 § 1, 1991].

7.114.020 Intent and purpose.

The Board of Supervisors finds that the availability of cigarettes and tobacco products marketed through vending machines which dispense such products promotes the use of tobacco products among minors, contrary to existing State laws which prohibit the sale or distribution of cigarettes and/or tobacco products to persons under the age of 18. Therefore, the Board of Supervisors finds and declares it necessary to enact this chapter to recognize and promote such laws, and to protect the public health, safety and welfare. [Ord. 4136 § 1, 1991].

7.114.030 Prohibition of vending machine sales.

(A)    Except as provided in SCCC 7.114.040, it shall be unlawful for any person, corporation or other entity to place, install or maintain or control any vending machine or any other machine or device designed for the dispensing, distribution or sale of cigarettes or other tobacco products in any public place within the unincorporated areas of the County.

(B)    For the purpose of this chapter, “public place” is defined as any area to which any members of the public are invited, or in which any members of the public are permitted, including, but not limited to, public transportation facilities, reception areas, restaurants, restaurant/bar combinations, retail stores, retail service establishments, retail food production and marketing establishments, waiting rooms, service clubs, public or private cafeterias, or any workplace or work areas. [Ord. 4136 § 1, 1991].

7.114.040 Exemptions.

Exempted from the terms of this chapter are those establishments which serve alcoholic beverages pursuant to a Type 48 license from the California Alcohol Beverage Control Board, the terms of which license prohibit persons under 21 years of age from entering and remaining on the premises, and which comply with this section. Any cigarette vending machine within such an establishment shall be sited to allow the unobstructed viewing by an employee tending the bar of the establishment of any person or persons making use of the machine, and shall be located at least 15 feet from any entrance or exit of the premises unless there is no location along any wall in the public portion of the bar which is at least 15 feet from any entrance or exit, in which case the machine shall be placed at a location along a wall in the public portion of the bar which is the furthest distance away from any entrance or exit. [Ord. 4136 § 1, 1991].

7.114.050 Violations—Penalties.

Any person violating any provision of this chapter shall be guilty of an infraction and punishable as provided by Chapter 1.12 SCCC. [Ord. 4136 § 1, 1991].