Chapter 5.20
TOBACCO VENDING MACHINES
Sections:
5.20.040 Tobacco vending machines prohibited.
5.20.060 Affirmative defenses.
5.20.070 Violations—Penalties.
5.20.010 Purpose.
The purpose of this chapter is to promote the health and welfare of the citizens of the city by limiting the availability of cigarettes and tobacco products to children under the age of eighteen (18) years, through the means of restricting the placing of vending machines dispensing cigarettes or tobacco products. (Ord. 791 § 1, 1991)
5.20.020 Title.
This chapter shall be known and cited as the city of Sutherlin tobacco vending machine ordinance. (Ord. 791 § 2, 1991)
5.20.030 Definitions.
For the purpose of this chapter:
“Accessible to persons under the age of eighteen (18) years” means, in reference to premises, that no prohibition exists to the entry upon premises, or a discrete portion of premises, by persons who have not attained the age of eighteen (18) years.
“Cigarette” has the meaning set out in ORS 323.010(1).
“Tobacco products” has the meaning set out in ORS 323.500(9).
“Tobacco vending machine” means any self-service device offered for public use which, upon insertion of a coin, coins, currency or token, or by other means, dispenses cigarettes or any tobacco product, either in bulk or package, without the necessity of replenishing the device between each vending operation. (Ord. 791 § 3, 1991)
5.20.040 Tobacco vending machines prohibited.
A. It is unlawful for any person in possession of any premises located within the city to place or allow to be placed on such premises any tobacco vending machine.
B. It is unlawful for any person who owns or controls a tobacco vending machine to place or allow to be placed such tobacco vending machine on premises within the city. (Ord. 791 § 4, 1991)
5.20.050 Exceptions.
The prohibition of Section 5.20.040 shall not apply to premises or to tobacco vending machines on premises that are:
A. Licensed by the Oregon Liquor Control Commission for on-premises consumption of alcoholic beverages and persons under the age of eighteen (18) are prohibited from entering;
B. Licensed by the Oregon Liquor Control Commission as a retail liquor store;
C. Maintained for the use of employees and not open to the public;
D. Not accessible to persons under the age of eighteen (18) years;
E. Configured in a way that will allow a blind person, as that term is defined in ORS 346.110(3), who has training and skills that enable the blind person to determine if a person obtaining cigarettes or any tobacco product from a tobacco vending machine is under eighteen (18) years of age, and which blind person is in control of the tobacco vending machine. (Ord. 791 § 5, 1991)
5.20.060 Affirmative defenses.
In any prosecution for violation of Section 5.20.040 it shall be an affirmative defense that the premises are not accessible to persons who are under eighteen (18) years of age. (Ord. 791 § 6, 1991)
5.20.070 Violations—Penalties.
A violation of Section 5.20.040 is an infraction punishable upon conviction by a fine of not more than five hundred dollars ($500.00) for a noncontinuing offense and a fine of not more than one thousand dollars ($1,000.00) for a continuing offense. (Ord. 791 § 7, 1991)