No person shall sell or offer to sell cigarettes or other tobacco products by or from a vending machine except in the following locations:
(a) An area within a business, office, or other place not open to the general public;
(b) An area where persons under the age of eighteen are not generally permitted access;
(c) Except for the locations set forth in subsection (a) and (b) hereof, any other location which satisfies the following:
(1) The vending machine is within the immediate vicinity and control of the person who owns or operates the premises, or an employee or agent of such person, such that any purchases from the vending machine can be fully observed; and
(2) The vending machine is inaccessible to the general public when the location is closed.
(d) For purposes of subsection (c)(1) hereof, any area which is not monitored, such as a coatroom, restroom, passageway, hallway, outer waiting areas, or any other similar areas, shall not be considered within a person's immediate vicinity and control.
(Ord. 97-2. Passed 1-9-97.)