Chapter 9.45

TOBACCO VENDING MACHINES

Sections:

9.45.010 Definitions.

For purposes of this chapter:

• A. "Tobacco vending machine" means any electronic or mechanical device or appliance, the operation of which depends upon the insertion of money, whether in coin or in paper bill, or other thing representative of value, which dispenses or releases a tobacco product.

• B. "Tobacco product" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco and dipping tobacco.

• C. "Vendor assistance" means that in the course of the sale of a tobacco product, only the owner, manager or employee of the vendor establishment has physical access to the tobacco product until a legal sale has been completed.

• (Ords. 24132, 25874.)

• A. No person shall locate, install, keep, maintain or use, or suffer the location, installation, keeping, maintenance or use under such person's control of any tobacco vending machine used or intended to be used for the purpose of selling or distributing any tobacco products therefrom except as set forth in this chapter.

• B. Tobacco vending machines may be maintained in establishments which serve alcoholic beverages pursuant to a Type 42, Type 48 or Type 61 license issued by the California Alcoholic Beverage Control Department, or any other types of license issued by the Alcoholic Beverage Control Department the terms of which prohibit minors from entering on the

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HEALTH AND SAFETY

§ 9.46.010

premises. Such vending machines shall be located inside the establishment a minimum of twenty-five feet from the entrance.

(Ords. 24132, 25874.)

• A. Except as provided in subsection B. of Section 9.45.020, it shall be unlawful for any person who owns, manages, operates or is employed by a commercial, retail or wholesale establishment where tobacco products are sold to store or display, or cause to be stored or displayed, such tobacco products in an area that is accessible to the public without vendor assistance.

• B. Nothing herein shall preclude the storage or display of tobacco products in an area viewable by the public so long as such items are not accessible to the public without vendor assistance.

• (Ord. 25874.)

No person or employer shall discharge, refuse to hire or in any manner retaliate against any person because that person has reported any violations of or otherwise participated in the enforcement of this chapter.

(Ord. 25874.)