(A) Distance from school. No retailer may place a vending machine within 500 feet of a school.
(B) Places open to minors. No retailer may keep a cigarette vending machine in any public place that is open to persons under the age of 18 unless the following apply:
(1) The vending machine is in a place where it is ordinarily in the immediate vicinity, plain view, and control of an employee;
(2) The vending machine is in a place where it is inaccessible to the public when the premises are closed;
(3) The person who ultimately controls, governs, or directs the activities within the premises where the vending machine is located shall make sure that an employee remains in the immediate vicinity, plain view, and control of the vending machine whenever the premises are open; and
(4) The vending machine is equipped with a manual, electric, or electronic locking device controlled by the licensee so as to prevent its operation by persons under the age of 18 years.
(C) Exemption. Any premises where access by persons under the age of 18 years is prohibited by law, or premises where the public is generally not permitted and where vending machines are strictly for the use of employees of business located at the premises, shall be exempt from the requirements of division (B)(4) above.
(1969 Code, § 17-3) (Am. Ord. 2003-26, passed 10-13-2003) Penalty, see § 113.99