Definitions. | |
Prohibition of Cigarette Vending Machines. | |
Disclaimers. | |
Penalties and Enforcement. | |
Severability. |
Unless the term is specifically defined in this Article or the contrary stated or clearly appears from the context, the definitions set forth in Article 19, Section 1002 of this Code shall govern the interpretation of this Article.
(a) "Cigarette vending machine" shall mean any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper bill, or other thing representative of value, which dispenses or releases a tobacco product and/or tobacco accessories.
(b) "Tobacco product" shall mean any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe, tobacco, snuff, chewing tobacco, and dipping tobacco.
(c) "Tobacco accessories" shall mean cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed primarily for the smoking or ingestion of tobacco products.
(d) A "six-month owner" shall mean a person who purchased a cigarette vending machine fewer than six months prior to the effective date of this Amendment for the purpose of using the vending machine to sell or distribute tobacco products exclusively within the City and County of San Francisco and who on the effective date of this Amendment was using the vending machine in a place inaccessible to minors and who has not, or will not have, recovered his, her or its investment therein by the date on which discontinuance of use is required pursuant to Section 1009.1(b).
(Added by Ord. 234-91, App. 6/18/91; amended by Ord. 20-97, App. 1/24/97)
(a) No person shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its premises of any cigarette vending machine used or intended to be used for the purpose of selling or distributing any tobacco products or tobacco accessories therefrom.
(b) Any cigarette vending machine in use on the effective date of this Amendment on premises to which access by minors is prohibited by law shall be removed within 90 days after the effective date of this Amendment.
(c) A six-month owner may apply to the Director of Public Health for a use extension based on financial hardship. A use extension shall be granted to a six-month owner if the Director of Public Health, or the Director's designee appointed to consider the application, makes all of the following findings:
(1) That the cigarette vending machine was intended for use only within the corporate limits of the City and County of San Francisco and had been in use on premises inaccessible to minors on the effective date of this Amendment;
(2) That the vending machine owner had owned the machine for less than six months prior to the effective date of this Amendment;
(3) That the vending machine owner has not, or will not have recovered his, her or its investment therein before the date of required discontinuance;
(4) That the vending machine owner has no practical way to recover the investment in the machine other than its continued use within the corporate limits of the City and County of San Francisco on premises inaccessible to minors;
(5) That the investment not yet recovered exceeds 10 percent of the actual cost of the machine; and
(6) That the vending machine will be placed in a location on the premises easily viewed and supervised by the owner or a responsible employee.
The length of the use extension shall not exceed that additional time period necessary to allow recovery of the owner's investment; provided, however, that no use extension shall be granted which allows the total time during which the machine will be in use within the corporate limits of the City and County of San Francisco on premises inaccessible to minors to exceed one year from the date of installation of the machine. The cigarette vending machine owner shall bear the burden of proof on each issue. The decision of the Director of Public Health, or the Director's designee, shall be final. The Director's power to grant a use extension shall expire six months after the effective date of this Amendment.
(Added by Ord. 234-91, App. 6/18/91; amended by Ord. 20-97, App. 1/24/97)
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