(a) No person shall sell or offer to sell cigarettes or other tobacco products by or from a vending machine except in the following locations:
(1) An area either:
A. Within a factory, business, office or other place not open to the general public; or
B. To which persons under the age of eighteen years are not generally permitted access;
(2) In any other place not identified in subsection (a)(1) hereof, upon all of the following conditions:
A. The vending machine is located within the immediate vicinity, plain view and control of the person who owns or operates the place, or an employee of such person, so that all cigarettes and other tobacco product purchases from the vending machine will be readily observed by the person who owns or operates the place or an employee of such person. For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway, or outer waiting area, shall not be considered located within the immediate vicinity, plain view and control of the person who owns or operates the place, or an employee of such person.
B. The vending machine is inaccessible to the public when the place is closed.
(b) As used in this section, "vending machine" has the same meaning as "coin machine" as defined in Section 545.01.
(Ord. 99-94. Passed 9-7-94.)