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For the purposes of this chapter,the following terms shall be defined as set forth herein:
<br /> A. "Cigarette vending machine" means any electronic or mechanical device or appliance the
<br /> operation of which depends upon the insertion of money, whether in coin or paper bill,or other thing
<br /> representative of value, which dispenses or releases a tobacco product and/or tobacco accessories.
<br /> B. "Distribution"means to give, sell,deliver, dispense, issue,or cause or hire any person to
<br /> give, sell, deliver,dispense, issue or offer to give, sell,deliver, dispense or issue.
<br /> C. "E-Cigarette"means an activated or functioning device,whether an electronic cigarette as
<br /> defined by California Health and Safety Code Section 119405 ("e-cigarette")or a similar device,
<br /> including but not limited to a device intended to emulate smoking, which permits a person to inhale
<br /> vapors or mists that may or may not include nicotine.
<br /> D. "Person" shall mean an individual, firm,partnership,joint venture, unincorporated
<br /> association,corporation,estate,trust,trustee, or any other group or combination of the above acting as a
<br /> unit,excepting however the United States of America,the state of California,and any political
<br /> subdivision or unit thereof.
<br /> E. "Tobacco accessories"means cigarette papers or wrappers,pipes, holders of smoking
<br /> materials of all types, cigarette rolling machines,and any other item designed primarily for the smoking
<br /> or ingestion of tobacco products.
<br /> F. "Tobacco product sample"means a tobacco product and/or tobacco accessories distributed
<br /> to members of the general public at no cost or at a nominal cost for product promotional purposes.
<br /> G. "Tobacco product"means any substance containing tobacco leaf, including but not limited
<br /> to cigarettes,cigars,e-cigarette, smoking tobacco, and smokeless tobacco.
<br /> 9.32.030 Sale of cigarettes and other tobacco products from vending machines prohibited—
<br /> Exception.
<br /> A. Except as provided in subsection D of this section, no person shall locate, install,keep,
<br /> maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its
<br /> premises of any cigarette vending machine used or intended to be used for the purpose of selling or
<br /> distributing any tobacco products therefrom.
<br /> B. Any cigarette vending machine in use on the effective date of this chapter shall be removed
<br /> within 120 days after the effective date of this chapter. Notwithstanding the previous sentence, any
<br /> cigarette vending machine which is the subject of a written contract authorizing its installation which was
<br /> entered into prior to the enactment of this chapter shall be removed within 30 days after the date specified
<br /> in subsections 1 or 2 of this subsection, whichever occurs later:
<br /> I. The first date on which permissive termination of the written contract by the person on
<br /> whose premises the cigarette vending machine is located could take effect if said person elected to
<br /> terminate, or the expiration date of the contract term in effect on the enactment date of this chapter if no
<br /> provision of the agreement authorizes permissive termination;
<br /> 2. One hundred twenty days after the effective date of this chapter.
<br /> C. Any person who purchased a cigarette vending machine less than 36 months prior to the
<br /> enactment of this chapter for the purpose of using the vending machine to sell or distribute tobacco
<br /> products exclusively within the city and who has not, or will not have,recovered his, her or its investment
<br /> therein by the date on which discontinuance of use is required pursuant to subsection B, may apply to the
<br /> city manager for a use extension based on financial hardship. A use extension shall be granted if the city
<br /> manager, or the city manager's designee appointed to consider the application, makes all of the following
<br /> findings:
<br /> 1. That the vending machine was intended for use only within the corporate limits of the city;
<br /> 2. That the vending machine owner has not, or will not have recovered his, her or its
<br /> investment therein before the date of required discontinuance;
<br /> 3. That the vending machine owner has no practical way to recover the investment in the
<br /> machine other than its continued use within the corporate limits of the city;
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