TOBACCO VENDING MACHINE ORDINANCE

Section 1000. Title.

This ordinance shall be known as the Tobacco Vending Machine Ordinance.

Section 1001. Findings and Purpose.

The City Council does hereby find that:

Smoking is responsible for the premature deaths of 434,000 Americans each year from lung cancer, heart disease, respiratory illness, and other diseases; and

The U.S. Surgeon General has declared that nicotine is as addictive as cocaine or heroin, and children can become addicted to these products through easy purchase through tobacco vending machines;

Accordingly, the City Council finds that prohibiting the sale of cigarettes through vending machines is essential to protect the health and welfare of the public.

Section 1002. Definitions.

Tobacco Vending Machine means any machine or device designated for or used for the vending of cigarettes, cigars, tobacco, or tobacco products upon the insertion of coins, trade checks or slugs.

Section 1003. Tobacco Vending Machines Prohibited.

No cigarette or other tobacco product may be sold, offered for sale, or distributed by or from a vending machine or other appliance, or any device designed or used for vending purposes.

Section 1004. Enforcement.

Violations of this ordinance are subject to a fine of $1000 per day for each violation. The City Manager and City Attorney shall enforce this ordinance.

Section 1005. Severability.

If any provision, clause, sentence or paragraph of this article or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the provisions of this article which can be given effect without the invalid provision or application, and to this end the provisions are declared to be severable.

Section 1006. Effective Date.

This article shall be effective thirty (30) days from and after the date of its adoption.