Chapter 9 — CIGARETTE VENDING MACHINES

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

(a)

"Cigarette vending machine" shall mean 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.

(b)

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

(c)

"Tobacco accessories" shall mean 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.

(d)

A "six-month owner" shall mean 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 unincorporated area of Siskiyou County 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.

(§ II, Ord. 92-15, eff. May 12, 1992)

(a)

No person shall locate, install, keep, maintain or use, or permit the location, installation, keeping, or 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 access to the premises by persons under eighteen (18) years of age is prohibited by law.

(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 (90) days after the effective date of this chapter.

(c)

A six-month owner may apply to the Public Health Officer for a use extension based on financial hardship. A use extension shall be granted to a six-month owner if the Public Health Officer or his designee makes all of the following findings:

(1)

That the vending machine was intended for use only within the unincorporated area of Siskiyou County 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 less than six (6) 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 unincorporated area of Siskiyou County on premises accessible to minors;

(5)

That the investment not yet recovered exceeds ten percent (10%) 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.

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 unincorporated area of Siskiyou County in an area accessible to minors to exceed one (1) year from the date of installation of the machine. The cigarette vending machine owner shall bear the burden of proof on each issue. The decision of the Public Health Officer or his designee shall be final. The Public Health Officer's power to grant a use extension shall expire six (6) months after the effective date of this chapter.

(§ III, Ord. 92-15, eff. May 12, 1992)

By prohibiting cigarette vending machines except in places to which minors have no access, the County of Siskiyou 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.

(§ IV, Ord. 92-16, eff. May 12, 1992)

The Public Health Officer shall enforce Section 5-9.02 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 violation 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 and no/100ths ($25) Dollars but not exceeding One Hundred and no/100ths ($100) Dollars for the first violation;

(2)

A fine of at least One Hundred and no/100ths ($100) Dollars but not exceeding Two Hundred and no/100ths ($200) Dollars for a second violation within one year;

(3)

A fine of at least Two Hundred and no/100ths ($200) but not exceeding Five Hundred and no/100ths ($500) Dollars for each additional violation within one year.

(§ V, Ord. 92-16, eff. May 12, 1992)