(a) In order to reduce the accessibility of tobacco products to minors, a person must not install or maintain a vending machine which dispenses a tobacco product anywhere in the County except inside a private club that is licensed to serve alcoholic beverages. A vending machine located inside any private club must not be placed in any restroom, coatroom, unmonitored hallway, outerwaiting area, or other unattended place.
(b) As used in this Section:
(1) minor means any person under 18 years old;
(2) tobacco product means any cigarette or cigar containing tobacco, pipe tobacco, smokeless or chewing tobacco, and any other product that contains tobacco; and
(3) vending machine means any electronic, mechanical, or other device that dispenses a tobacco product.
(c) Any violation of this Section is a Class A violation. Both the owner of the vending machine and the owner of the business or residence in which the machine is located are responsible for complying with this Section. The Health and Human Services Department and any other agency designated by the County Executive must enforce this Section. (CY 1991 L.M.C., ch. 24, § 1; 1992 L.M.C., ch. 2, § 1; 1995 L.M.C., ch. 13, §1; 2015 L.M.C., ch. 8, § 2.)
Editor’s note—Section 24-9B (now Section 24-10) was declared invalid in Allied Vending, Inc. et. al. v. Montgomery County, Civil No. 80353 (Cir. Ct. Montgomery County, 4/19/93). In Allied Vending, Inc. v. City of Bowie, 332 Md. 279, 631 A.2d 77 (1993) the court held that the State cigarette licensing scheme has preempted local laws regulating the location of cigarette vending machines.
1995 L.M.C., ch. 13, § 5, reads as follows: “Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 L.M.C., ch. 13, continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services.”
Former Section 24-10, Board of community and mental health - duties, was repealed by 1974 L.M.C., ch. 2, §2.