Paradise Municipal Code Art. I Vending Machine Sales

A. The town council finds and declares as follows:

1. Smoking is the greatest preventable cause of death in our nation, killing more than three hundred ninety thousand Americans each year; and

2. That laws have been enacted prohibiting the sale of tobacco products to minors; and

3. These laws have not been effectively enforced when tobacco products are offered for sale in vending machines.

B. The town council therefore concludes that prohibiting vending machine sales of tobacco products is essential to curtailing the illegal sale of tobacco products to minors and to promoting smoke-free environments throughout the town. (Ord. 210 §1(part), 1991)

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 designed or used for vending purposes. (Ord. 210 §1(part), 1991)

The provisions of the chapter shall not apply to "bars" as defined in Section 8.46.020 of this code. (Ord. 210 §1(part), 1991)

Violations of this chapter are subject to a fine of one thousand dollars per day for each violation, with each day that the violation continues considered a separate and distinct violation of the chapter. The town manager and/or the Butte County health department director, and the district attorney's office, the town attorney's office and/or the police department may enforce this chapter. (Ord. 210 §1(part), 1991)

If any provision, clause, sentence or other paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. Furthermore, in the event that any provision of this chapter is determined to be invalid and the town is duly notified of that invalidity, the town attorney, on behalf of the town, shall take whatever action necessary to see that those provisions rendered invalid are no longer enforced and that this chapter is amended to reflect the deletion of those provisions invalidated. (Ord. 210 §1(part), 1991)