A. Location Restrictions: It shall be unlawful for any person to sell tobacco products through a vending machine, unless the vending machine is located:
1. In areas of factories, businesses, offices or other places that are not open to the public;
2. In places that are open to the public, but to which persons under twenty-one (21) years of age are not admitted;
3. In places where alcoholic beverages are sold for consumption on the premises, but only if the vending machine is under the continuous supervision of the owner or lessee of the premises or an employee thereof, and is inaccessible to the public when the establishment is closed; and
4. In other places, but only if the machine is under the continuous supervision of the owner or lessee of the premises or an employee thereof, or can be operated only by the activation of an electronic switch by the owner or lessee of the premises, or an employee thereof, prior to each purchase or can be operated only by a special token purchased from the owner or lessee of the premises, or an employee thereof.
B. Proof Of Age: In any place where supervision of a vending machine, activation of an electronic switch or sale of a special token is required by subsection A of this section, the person responsible for that supervision or the activation of the switch shall demand proof of age from a prospective purchaser if any ordinary person would conclude on the basis of appearance that the prospective purchaser may be under twenty-one (21) years of age. (Ord. 97-6, 11-4-1997; amd. Ord. 2021-11, 2-2-2021)