§ 14-48. Cigarette vending machines.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Cigarette vending machine means any mechanical, electrical or electronic self-service device used or intended to be used for the retail sale of cigarettes, cigarette papers and/or cigarette wrappers, the operation of which is governed or controlled by the insertion or deposit of coins, tokens or any other form of payment.

Minor means a person under the age of eighteen (18) years.

Responsible adult means a person at least eighteen (18) years of age who either owns the premises at which a cigarette vending machine is operated or is accountable to such owner as the agent or employee of such owner.

(b)

Installation or use. It shall be unlawful for any person to install or use or to permit the installation or use of a cigarette vending machine except under the following circumstances:

(1)

The cigarette vending machine is located so as to be within view of a responsible adult at all times while the machine is accessible for use and the cigarette vending machine is equipped with a mechanical, electrical or electronic locking device controlled by a responsible adult so as to prevent any use of such machine except in the presence and view of such responsible adult; or

(2)

The cigarette vending machine is located on premises where access by minors is prohibited by law; or

(3)

The cigarette vending machine is located on premises where the public is generally not permitted and the use of such machine is strictly limited to employees of the business located at such premises.

(c)

Notice required. It shall be unlawful for any person to install or use or to permit the installation or use of a cigarette vending machine within the corporate limits of the village unless such cigarette vending machine has prominently displayed on it the following notice:

THE USE OF THIS MACHINE BY ANY PERSON UNDER THE AGE OF 18 YEARS IS PROHIBITED BY LAW.

Such notice shall be displayed in red letters at least one (1) inch in height on a white background. Such notice shall be displayed in addition to the notice required by section 14-47(e).

(d)

Responsibility for agent or employee. Every act constituting a violation of this section by an agent or employee of any person shall be deemed and held to be the act of such person, and such person shall be punishable in the same manner as if such act had been done by such person personally.

(Ord. No. 91-0-4, § 3, 1-22-91)