A. Purchase By Minors Prohibited: No person under eighteen (18) years of age shall purchase any tobacco product in any of its forms. No person shall sell, purchase for, distribute samples of or furnish any tobacco product in any of its forms to any person under eighteen (18) years of age. Tobacco products may be sold through a vending machine only when such tobacco products are not sold along with nontobacco products in the vending machine and only in the following locations:
1. Factories, businesses, offices, private clubs and other places not open to the general public.
2. Places to which persons under eighteen (18) years of age are not permitted access.
3. Places where alcoholic beverages are sold and consumed on the premises.
4. Places where the vending machine is under the direct supervision (which means that the owner or employee has an unimpeded line of sight to the vending machine) of the owner of the establishment or an employee over eighteen (18) years of age. The sale of tobacco products from a vending machine under direct supervision of the owner or an employee of the establishment is considered a sale of tobacco products by that person.
5. Places where the vending machine can only be operated by the owner or an employee over age eighteen (18) either directly or through a remote control device if the device is inaccessible to all customers.
B. Penalty: Any person violating any provision of this section is guilty of a petty offense and for the first offense shall be fined two hundred dollars ($200.00), four hundred dollars ($400.00) for the second offense in a twelve (12) month period, and six hundred dollars ($600.00) for the third or any subsequent offense in a twelve (12) month period and be responsible for the village's cost of prosecution, including reasonable attorney fees. (Ord. 2010-O-35 § 3)