No person shall sell or offer to sell cigarettes, other tobacco products, or alternative nicotine products by or from a vending machine, except in the following locations:
(a) An area within a factory, business, office, or other place not open to the general public;
(b) An area to which persons under twenty-one years of age are not generally permitted access;
(c) Any other place not identified in division (c)(l) or (2) of this section, upon all of the following conditions:
(1) The vending machine is located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person, so that all cigarettes, other tobacco product, and alternative nicotine product purchases from the vending machine will be readily observed by the person who owns or operates the place or an employee of that person. For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway, or outer waiting area, shall not be considered located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person.
(2) The vending machine is inaccessible to the public when the place is closed.
(3) A clearly visible notice is posted in the area where the vending machine is located that states the following in letters that are legibly printed and at least one-half inch high: "It is illegal for any person under the age of twenty-one (21) to purchase tobacco or alternative nicotine products."
(Ord. 2019-125. Passed 11-4-19.)