547.05 SALE OF TOBACCO OR TOBACCO PRODUCTS BY VENDING MACHINE IN PUBLIC PLACES.
   (a)   Except as provided in subsection (b) hereof, no person, firm or corporation shall distribute or sell any cigarette, cigar, pipe, snuff, chewing tobacco or tobacco product by the use of a vending machine, or install or maintain a vending machine with the intent to make such distributions or sales, unless such vending machine may be operated exclusively by the insertion of tokens, available for purchase on the premises.
   (b)   Cigarette or tobacco vending machines of any type may be maintained in:
      (1)   A private club, as defined in Section 750.02 of the Business Regulation and Taxation Code;
      (2)   Private facilities not accessible to the general public, including, but not limited to nursing homes and senior citizen facilities; or
      (3)   A work place, including, but not limited to factories, private businesses, offices or other private facilities, not open to the general public;
      (4)   An area within a facility open to the public, from which area the public is prohibited.
   However, no cigarette or tobacco vending machine shall be placed in a doorway or any other area which is readily accessible to minors.
 
   (c)   No person, firm or corporation shall sell, give, furnish or otherwise make available to any person under the age of eighteen years any token for insertion into a cigarette or tobacco vending machine.
 
   (d)   For the purpose of this section, the following terms shall have the meanings given herein:
      (1)   "Token" means any metal or other material fashioned in the shape of a coin, which serves to operate any vending machine as defined in this section, but excluding currency and coinage of the United States.
      (2)   "Vending machine" means any automated self-service device which, upon insertion of money, a token or other form of payment, dispenses cigarettes or other tobacco products.
         (Ord. 9985. Passed 6-2-92.)