No person or business entity may offer for sale any cigarette, tobacco product or tobacco-derived product, in a vending machine. Any person or business entity which violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined $250: Provided, That an establishment is exempt from this prohibition if individuals under the age of eighteen years are not permitted to be in the establishment or if the establishment is licensed by the alcohol beverage control commissioner as a Class A licensee. The alcohol beverage control commissioner shall promulgate rules pursuant to West Virginia Code 29A-3-1 et seq. to establish standards for the location and control of the vending machines in Class A licensed establishments for the purpose of restricting access by minors.
(Ord. 2016-13. Passed 8-15-16.)