Chapter 9.66
VENDING MACHINES – CIGARETTES AND OTHER TOBACCO PRODUCTS
Sections:
9.66.010 Purpose and findings.
9.66.030 Vending machine sales prohibited.
9.66.040 Vending machines – Removal.
9.66.010 Purpose and findings.
A. The city council finds that:
1. Substantial scientific evidence supports the causal relationship between the use of tobacco products and the occurrence of deadly diseases such as lung cancer, chronic bronchitis, heart disease, emphysema, and other types of cancer;
2. The U.S. Centers for Disease Control have found that at least four hundred thirty-four thousand Americans die each year from tobacco-caused diseases;
3. The U.S. Surgeon General has found that tobacco-caused diseases are the leading cause of premature, preventable death and disability in the United States;
4. The U.S. Surgeon General and the U.S. Department of Health and Human Services have found that a majority of those Americans who die of tobacco-caused diseases became addicted to nicotine in tobacco products as adolescents before the age of legal consent;
5. The National Institute on Drug Abuse has concluded that the nicotine in tobacco products is a powerful addictive drug and has identified nicotine addiction as the most widespread example of drug dependence in the United States:
6. The National Institute on Drug Abuse has found that tobacco use by adolescents precedes and is predictive of adolescent, illicit drug use;
7. Adolescents currently have ready access to tobacco products as a result of: (a) non-compliance with existing laws that prohibit the sale of such products to minors, and (b) the availability of cigarette vending machines within the city;
8. The availability of tobacco products from vending machines located in public places such as restaurants, bowling alleys, stadiums, workplaces, and office buildings encourages smoking in these public places and increases the likelihood that nonsmokers will be exposed to the harmful effects of secondhand smoke, which include an increased risk for developing lung cancer, respiratory infection, bronchoconstriction, and bronchospasm.
B. Based on these findings, the purpose and intent of this chapter is:
1. To generally promote the health and welfare of all persons in the city against the health hazards and harmful effects of addictive tobacco products;
2. To minimize the availability and use of tobacco products in public places in order to reduce the involuntary exposure of nonsmokers to the harmful effects of secondhand smoke;
3. To prevent adolescents from illegally obtaining tobacco products by limiting the use of vending machines in the city which sell or distribute such products; and,
4. To significantly reduce the ability of minors from illegally obtaining tobacco products by limiting the use of vending machines in the city which sell or distribute such products. (Ord. 1465 §1(part), 1992).
9.66.020 Definitions.
The following words and phrases, whenever used in this chapter, shall have the following meanings:
A. “Cigarette vending machine” means any electronic or mechanical device or appliance, 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 releases tobacco products.
B. “Tobacco product” means any item or substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, smoking tobacco, and smokeless tobacco. (Ord. 1465 §1(part), 1992).
9.66.030 Vending machine sales prohibited.
No cigarette or other tobacco product may be sold, offered for sale, or distributed by or from a cigarette vending machine or appliance, or any other money-operated mechanical device designed or used for vending purposes, except for cigarette vending machines located within the premises licensed by the state for on-site liquor sales and located within areas of such premises to which access by minors is prohibited by law. (Ord. 1465 §1(part), 1992).
9.66.040 Vending machines – Removal.
Any cigarette vending machine in use on the effective date of the ordinance codified in this chapter which is not permitted under Section 9.66.030 shall be removed within one hundred twenty days after the effective date of the ordinance codified in this chapter. (Ord. 1465 §1(part), 1992).