Imperial County Municipal Code Ch. 8.16 Cigarette Vending Machines

Adoption of the ordinance codified in this chapter is necessary to the promotion of the public health, safety and welfare. Each of the reasons set forth below provides a separate and independent basis for the adoption of said ordinance:

A. Overwhelming scientific evidence supports the conclusion that there is a causal relationship between using tobacco products and deadly diseases such as lung cancer, heart disease, emphysema and other types of cancer. The Surgeon General of the United States has determined that smoking is the leading cause of preventable death in this country;

B. An estimated annual thirty-one thousand (31,000) deaths in the state of California and four hundred thirty four thousand one hundred seventy-five (434,175) deaths nationwide are caused by cigarette smoking. The estimated annual economic burden to the state of California resulting from smoke related health care costs and lost productivity if over $7.1 billion ($7,100,000,000);

C. Nicotine, found in all tobacco products, is strongly addictive, much more so than alcohol. The United States Surgeon General has concluded that nicotine is as addictive as heroin and cocaine;

D. Ninety percent (90%) of adults who now smoke started smoking between the ages of nine and eighteen (18) years;

E. Three million children smoke daily in the United States, and over seventy-five percent (75%) buy their own cigarettes. Children currently have ready access to cigarettes and other tobacco products as a result of the availability of cigarette vending machines. Scientific studies have shown that minors are successful in buying tobacco products from cigarette vending machines eighty percent (80%) of the time. Such studies have also shown that cigarette vending machines in areas such as bars or cocktail lounges, where minors are not legally permitted to be present, are also readily utilized by minors to obtain tobacco products;

F. The current United States Surgeon General has consistently favored the elimination of cigarette vending machines for public health reasons;

G. The American Cancer Society, American Lung Association, American Heart Association, American Medical Association, and California Medical Association, representing the overwhelming view of recognized professional medical associations, support the elimination of cigarette vending machines for public health reasons;

H. No other dangerous product or drug, cancer causing product or drug, or addictive product or drug is sold through vending machines. No other product or drug which minors are prohibited from purchasing is sold through vending machines;

I. The compelling purpose and intent of this chapter includes:

1. To prevent minors from using and becoming addicted to nicotine in tobacco products and preventing minors from being harmed thereby,

2. To significantly reduce the ability of minors to illegally obtain tobacco products by banning cigarette vending machines, and

3. To generally promote the health and welfare of all people in the community against the health hazards and harmful effects of using addictive tobacco products.

(Prior code § 60900)

For the purposes of this chapter, the following terms shall be defined as set forth below:

"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 a tobacco product and/or tobacco accessories.

"Person" means an individual, firm, partnership, joint venture, unincorporated association, corporation, estate, trust, trustee, or any other group of combination of the above acting as a unit, excepting however, the United States of America, the state of California, and any political subdivision or unit thereof.

"Tobacco accessories" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed primarily for the smoking or ingestion of tobacco products.

"Tobacco product" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, smoking tobacco, and smokeless tobacco.

(Prior code § 60910)

The following provisions shall apply within the unincorporated area of Imperial County:

A. No person shall locate, install, keep, maintain, use, or permit the location, installation, keeping, maintenance, or use on his, her, or its premises of any cigarette vending machine used or intended to be used for the purpose of selling any tobacco products or tobacco accessories therefrom.

B. Any cigarette vending machine in use on the effective date of the ordinance codified in this chapter shall be removed within one hundred twenty (120) days after the effective date of the ordinance codified in this chapter.

(Prior code § 60920)

Any cigarette vending machine not removed from the premises or converted to a permissible use within the time limit set forth by Section 8.16.030(B) shall be deemed to be a public nuisance, and may be abated by the county in a civil action or other appropriate legal proceedings.

(Prior code § 60940)

Any person violating this chapter shall be deemed guilty of an infraction, punishable by:

A. A fine, not exceeding one hundred dollars ($100.00) for a first violation;

B. A fine, not exceeding two hundred dollars ($200.00) for a second violation of this chapter within one year;

C. A fine, not exceeding five hundred dollars ($500.00) for the third and each successive violation of this chapter within one year.

(Prior code § 60960)