San Diego Municipal Code Div. 11 Prohibition of Tobacco Vending Machines

and Electronic Cigarette Vending Machines (“Prohibition of Tobacco Vending Machines” added 3–8–1994 by O–18048 N.S.) (Retitled to “Prohibition of Tobacco Vending Machines and Electronic Cigarette Vending Machines” on 10-2-2014 by O-20409 N.S.; effective 11-1-2014.)

Because smoking is responsible for the premature deaths of Americans each year from lung cancer, heart disease, respiratory illnesses, and other diseases; environmental tobacco smoke is reportedly responsible for the additional deaths of nonsmokers; and the U.S. Surgeon General has declared that nicotine is as addictive as cocaine or heroin; that no other addictive product, drug or cancer–causing product or drug is sold through vending machines; the declared purpose of this Division is to prohibit the sale of tobacco products through vending machines to protect the health and welfare of the public.

Further, because of the increasing popularity of electronic cigarettes and the

unknown health risks associated with their use, it is the purpose of this Division to prohibit the sale of electronic cigarettes, electronic cigarette paraphernalia, and vaping juice in vending machines, to protect the health and welfare of the public, particularly youth. (“Purpose and Intent” added 3–8–1994 by O–18048 N.S.) (Amended 10-2-2014 by O-20409 N.S.; effective 11-1-2014.)

For purposes of this Division, defined terms appear in italics. The following definitions apply in this Division:

Electronic Cigarette Vending Machine means any machine or device designed for or
used for the vending of electronic cigarettes, electronic cigarette paraphernalia, or
vaping juice as defined in San Diego Municipal Code section 33.4502, upon the
insertion of coins, paper currency, trade checks, slugs, or electronic payment cards.

Ch. Art. Div.
4 3 11 1

San Diego Municipal Code Chapter 4: Health and Sanitation (11-2014)

Tobacco Vending Machine means any machine or device designed for or used for the vending of tobacco products as defined in San Diego Municipal Code section 33.4502, upon the insertion of coins, paper currency, trade checks, slugs, or electronic payment cards. (“Definitions” added 3–8–1994 by O–18048 N.S.) (Amended 10-2-2014 by O-20409 N.S.; effective 11-1-2014.)

(a) It is unlawful for any person to sell or distribute, or cause to be sold or distributed, any tobacco products from a Tobacco Vending Machine.

(b) It is unlawful for any person to sell or distribute, or cause to be sold or
distributed, any electronic cigarette, electronic cigarette paraphernalia, or
vaping juice from an Electronic Cigarette Vending Machine.
(“Prohibitions” added 3–8–1994 by O–18048 N.S.)
(Amended 10-2-2014 by O-20409 N.S.; effective 11-1-2014.)

Any person who violates any provision of this Division is guilty of a misdemeanor and subject to any enforcement option or penalty provision set forth in Chapter One of this Code to address violations of law. (“Penalty” added 3–8–1994 by O–18048 N.S.)

Ch. Art. Div. 4 3 11 2

San Diego Municipal Code Chapter 4: Health and Sanitation (6-2000)