ORD 1529 - Laserfiche WebLink

Ordinance No. 1529 cigarette vending machine owner shall bear the burden of proof on each issue. The decision of the City Manager, or the City Manager's designee, shall be final. D. This section shall not apply to any person who locates, installs, keeps, maintains or uses, or permits the location, installation, keeping, maintenance or use on his, her or its premises of any cigarette vending machine if persons under 18 years of age are not permitted in or on such premises. Section 9.32.040. Free Distribution of Tobacco Product Samples Prohibited. No person in the business or otherwise distributing cigarettes or other tobacco products for commercial purposes shall in the course of such business distribute, or direct, authorize, or permit any agent or employee to distribute, (1) any tobacco product sample, or (2) coupons, certificates, or other written material which may be redeemed for tobacco products and/or tobacco accessories without charge or for a nominal charge, to any person on any public street or sidewalk or in any public park or playground or on any other public ground or in any public building. Section 9.32,050. Violations and Penalties A. Any person violating this chapter shall be deemed guilty of an infraction, punishable by: 1. A fine, not exceeding one hundred dollars ($100), for a first violation. 2. A fine, not exceeding two hundred dollars ($200), for a second violation of this chapter within one year. 3. A fine, not exceeding five hundred dollars ($500), for each additional violation of this chapter within one year. B. Each distribution of a tobacco product sample or redeemable coupon or certificate to a person shall be considered a separate offense. C. Any cigarette vending machine not removed from the premises or converted to a permissible use within the time limits set forth in Section 9.32.030B shall be deemed a public nuisance, and may be abated by the City in a civil action or by other appropriate legal proceedings. -5-