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DIVISION 3. SALE OF TOBACCO PRODUCTS TO MINORS THROUGH VENDING MACHINES
(a) Authority. This division is adopted pursuant to the authority conferred upon Greenville County, South Carolina by the Constitution and laws of the State of South Carolina.
(b) Findings. Greenville County Council finds that it is unlawful for any person to sell, furnish, give, or provide any minor under the age of 18 years with cigarettes, tobacco, cigarette paper or any substitute therefor. It further finds that sales of tobacco products through vending machines are not monitored to ensure compliance with state law. Therefore, in order to promote the public health, welfare, and safety of its minor citizens, and to ensure compliance with state law, Greenville County Council finds that a prohibition against the sale of tobacco products to minors through vending machines is in the public interest.
(1976 Code, § 15-41) (Ord. 2245, § 1, passed 4-16-1991)
The following words and terms, as used in this division, shall be defined as follows:
County means the unincorporated areas of Greenville County.
Minor means any person who has not yet reached the age of 18.
Person means any individual, partnership, corporation, or other business or other legal entity.
Sell means to exchange or deliver for money or its equivalent and shall include dispensing from a vending machine.
Tobacco products means, but is not limited to, cigarettes, cigars, smokeless tobacco, tobacco snuff, chewing tobacco and other kinds and forms of tobacco, prepared in such a manner as to be suitable for chewing or smoking in a pipe or cigarette papers.
Vending machine means any kind of device or mechanical machine which, upon insertion of a coin or coins, paper currency, or other objects will release tobacco products in packages or otherwise.
(1976 Code, § 15-42) (Ord. 2245, § 2, passed 4-16-1991)
(a) It shall be unlawful for any person to sell or dispense any tobacco product to a minor through the use of a vending machine.
(b) Tobacco products may be offered for sale or sold within the county from a vending machine only in an establishment where the vending machine is located within the immediate vicinity, plain view and control of a responsible employee, so that all tobacco purchases will be readily observable by that employee. The vending machine shall not be located in a coat room, restroom, unmonitored hallway, outer waiting area, or similar unmonitored area; nor shall the vending machine be accessible to the public when the establishment is closed.
(1976 Code, § 15-43) (Ord. 2245, § 3, passed 4-16-1991)
Any person, firm, corporation or agent, who shall violate the provisions of this article shall be guilty of a misdemeanor and shall be punished within the jurisdictional limits of magistrate’s court. Each such person, firm, corporation or agent shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article is committed or continued.
(1976 Code, § 15-44) (Ord. 2245, § 4, passed 4-16-1991; Ord. 2626, § 3, passed 9-6-1994)