Earlier editions: 2026-09
Title 6 — HEALTH AND SANITATION›Chapter 6.40 — SMOKING
Mission Viejo Municipal Code Div. 2 Tobacco Vending Machines Prohibited
Mission Viejo Municipal Code · 2026-10 edition · updated 2026-10-04 · Mission Viejo
Cite as: Mission Viejo Municipal Code Division 2 · Text as of 2026-10-04
Footnotes:
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Editor's note— Ord. No. 03-216, §§ 5—7, adopted March 17, 2003, repealed §§ 6.40.210—6.40.440, which pertained to smoking regulations and derived from Ord. No. 88-12, § 3(4-7-12), 6-27-88; Ord. No. 93-123, § 1, 8-9-93; Ord. No. 97-174, § 7, 8-18-97). Ord. No. 03-216, § 8, adopted March 17, 2003, enacted a new Div. 2, §§ 6.40.210—6.40.240 as set out herein.
Sec. 6.40.210. - Findings and purpose.¶
The city council does hereby find that:
(a) Smoking is responsible for the premature deaths of 434,000 Americans each year from lung cancer, heart disease, respiratory illness, and other diseases; secondhand smoke is responsible for an additional 53,000 deaths among nonsmokers; and
(b) The U.S. Surgeon General has declared that nicotine is as addictive as cocaine or heroin; no other addictive product or drug, or cancer-causing product or drug is sold through vending machines; and
(c) The U.S. Secretary of Health and Human Services, the U.S. Surgeon General, and the leading voluntary health organizations all recommend the elimination of cigarette vending machines for health reasons; and
(d) Accordingly, the city council finds that prohibiting the sale of cigarettes through vending machines is essential to protect public health, safety and welfare.
(Ord. No. 03-216, § 8, 3-17-03)
Sec. 6.40.220. - Definitions.¶
The phrase tobacco vending machine, as used herein, shall mean any machine or device designed for or used for the vending of cigarettes, cigars, tobacco or tobacco products upon the insertion of coins, bills, trade checks, or slugs.
(Ord. No. 03-216, § 8, 3-17-03)
Sec. 6.40.230. - Tobacco vending machines prohibited.¶
No cigarette or other tobacco product may be sold, offered for sale, or distributed by or from a vending machine or appliance, or any other device designated or used for vending purposes.
(Ord. No. 03-216, § 8, 3-17-03)
Sec. 6.40.240. - Enforcement, violations, penalties.¶
It shall be unlawful and a misdemeanor subject to punishment in accordance with section 1.01.200 et seq. of this Code for any person, firm, partnership, corporation, or any other venture to violate any provision of this division. The city manager and city attorney shall enforce this division.
(Ord. No. 03-216, § 8, 3-17-03)
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