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16-36.1   Regulations.
   All sales of cigarettes by vending machines within the city shall be prohibited unless:
   (A)   The vending machine is located within the immediate vicinity, plain view and control of a responsible employee, so that all purchases are observable and controllable as if cigarettes were sold over the counter;
   (B)   The vending machine must not be located in a coatroom, restroom, unmonitored hallway, outer waiting area or similar unmonitored area and must be inaccessible to the public when the establishment is closed;
   (C)   The vending machine is equipped with a lock-out device approved by the Board of Health. Said device shall lock-out sales from vending machines unless an employee releases the locking mechanism. The release mechanism must not allow continuous operation of the vending machine and must not be accessible to customers. Vending machines shall be posted with a sign stating that the machine is equipped with a lock-out device and identifying the person(s) to contact to purchase cigarettes from the machine;
   (D)   All cigarette vending machines must display a conspicuous sign stating that it is illegal for minors to purchase cigarettes; and/or
   (E)   The use of the premises is restricted to persons over the age of 18.
(CBC 1985 16-35.1; Ord. 1993 c. 9) Penalty, see Subsection 16-36.3
16-36.2   Enforcement.
   The Board of Health or its Enforcement Officer(s) shall enforce these regulations.
(CBC 1985 16-36.2; Ord. 1993 c. 9)
16-36.3   Violations and Penalties.
   (A)   Any person or corporate entity selling tobacco to any person under age 18 shall be punished by a fine of not less than $100 for the first offense, not less than $200 for the second offense and not less than $300 for any third and subsequent offense.
   (B)   Any person or corporate entity selling tobacco to any person under age 18 three times within 12 months shall be cause, after public hearing, for the suspension of the license to sell tobacco. All tobacco must be removed from the premises when said license is suspended. Licenses suspended cannot be reinstated for one calendar year following the date of removal.
(CBC 1985 16-36.3; Ord. 1993 c. 9)
16-36.4   Severability.
   If any of these regulations is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect.
(CBC 1985 16-36.4; Ord. 1993 c. 9)
16-37   NON-EMERGENCY REPAIR OF VEHICLES.
16-37.1   Prohibition.
   (A)   No person shall in or on any fire lane, public way, sidewalk or other public land, nor on any land used for retail purposes not having a main use and occupancy of repair and/or servicing of motor vehicles (other than upon land leased by such person), install or remove any motor vehicle part or accessory or make any repair or servicing of a motor vehicle, nor put, place or suffer to remain on such land, any motor vehicle part, any fluid other than water used or intended for use in a motor vehicle, or any container or packaging for or from such part or fluid; provided that minor repairs of equipment required by law or essential to the operation of the vehicle not involving the draining of fluid nor the removal or installation of moving parts (other than a tire on a rim), shall not be deemed a violation hereof.   
   (B)   No owner, lessee or person in charge of property used for retail purposes not having a main use and occupancy of repair and/or servicing of motor vehicles shall permit, allow or suffer any person to violate this Section thereon. Maintenance or repair of vehicles owned or leased by persons lawfully residing on the property, or owned or leased by, and used in connection with, a trade or business lawfully conducted on the property, shall not be deemed a violation hereof.
(CBC 1985 16-37.1; Ord. 1996 c. 2; Ord. 1996 c. 11) Penalty, see Subsection 16-37.2
16-37.2   Violation.
   The penalty for violation of Subsection 16-37.1 shall be $250 which may be enforced criminally, or noncriminally as a part of the Environmental Ordinances.
(CBC 1985 16-37.2; Ord. 1996 c. 2)
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