Montague Municipal Code Ch. 8.20 Cigarette Vending Machines

CIGARETTE VENDING MACHINES

Sections:

• 8.20.010 Definitions.

• 8.20.020 Prohibition of cigarette vending machines except in places to which minors have no access.

• 8.20.030 Disclaimers.

• 8.20.040 Penalties and enforcement.

Unless the term is otherwise defined, the following definitions shall govern the interpretation of this chapter:

1. “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.

2. “Tobacco product” means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and dipping tobacco.

3. “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.

4. A “six month owner” means a person who purchased a cigarette vending machine fewer than six months prior to the effective date of this chapter for the purpose of using the vending machine to sell or distribute tobacco products exclusively within the city of Montague and who on the effective date of this chapter was using the vending machine in an area accessible to minors and who has not, or will not have, recovered his, her, or its investment therein by the date on which discontinuance of use is required pursuant to this chapter. (Ord. 95-04 § 1 (part), 1996)

A. No person shall locate, install, keep, maintain or 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 or distributing any tobacco products or tobacco accessories therefrom unless:

1. Access to the premises by persons under eighteen years of age is prohibited by law; or

2. The cigarette vending machine is within ten feet of an attended cashier or check stand and in clear view of such attendant without any intervening physical or visual obstruction.

• B. Any cigarette machine in use on the effective date of this chapter on premises to which minors have access shall be removed within ninety days after the effective date of this chapter.

• C. A six month owner may apply to the city clerk for a use extension based on financial hardship. A use extension shall be granted to a six month owner if the city clerk or his/her designee makes all the following findings:

  1. That the vending machine was intended for use only within the city of Montague and had been in use in an area accessible to minors on the effective date of this chapter.

  2. That the vending machine owner had owned the machine for Jess than six months prior to the effective date of this chapter.

  3. That the vending machine owner has not, or will not have recovered his, her or its investment therein before the date of required discontinuance.

  4. That the vending machine owner has no practical way to recover the investment in the machine other than its continued use within the city of Montague on premises accessible to minors.

  5. That the investment not yet recovered exceeds ten percent of the actual cost of the machine.

6. That the vending machine will be placed in a location on the premises easily viewed and supervised by the owner or a responsible employee.

7. The length of the use extension shall not exceed that additional time period necessary to allow recovery of the owner's investment, provided, however, that no use extension shall be granted which allows the total time during which the machine will be in use within the city of Montague in an area accessible to minors to exceed one year from the date of installation of the machines. The cigarette vending machine owner shall bear the burden of proof on each issue. The decision of the city clerk or his/her designee shall be final. The city clerk's power to grant a use extension shall expire six months after the effective date of this chapter. (Ord. 95-04 § 1 (part), 1996)

By prohibiting cigarette vending machines except in places to which minors have no access, the city of Montague is assuming and undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (Ord. 95-04 § 1 (part), 1996)

The city clerk shall enforce Section 8.20.020 hereof against violations by any of the following actions:

• A. Receiving complaints relating to violations of this chapter;

• B. Acting upon complaints relating to violations of this chapter by serving notice requiring the correction of any violations of this chapter.

C. Any person who violates or refuses to comply with the provisions of this chapter shall be guilty of an infraction, and shall be deemed guilty of a separate offense for every day such violation or refusal shall continue. Every violation is punishable by: (1) a fine of at least twenty-five dollars but not exceeding one hundred dollars for the first violation; (2) a fine of at least one hundred dollars but not exceeding two hundred dollars for a second violation within one year; (3) a fine of at least two hundred dollars but not exceeding five hundred dollars for each additional violation within one year. (Ord. 95-04 § 1 (part), 1996)