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4. That the investment not yet recovered exceeds 10 percent of the actual cost of the machine; and 5. That the vending machine will be located in a place not accessible to minors, or if so accessible to minors,that it will be placed in a location on the premises easily viewed and supervised by the owner or responsible employee. The length of the use extension shall not exceed that additional time period estimated to be necessary to allow recovery of the owner's investment; provided, however,that no use extension shall be granted which allows the total time in which the machine will be in use within the corporate limits of the city to exceed three years.The 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. 9.32.040 Possession by minors of tobacco products in public places Is prohibited and free distribution of tobacco product samples prohibited. A. No person under 18 years of age shall distribute or possess any tobacco accessories,tobacco product sample, or tobacco product, in any City park or facility, public property,or private property open to the public. These restrictions are in addition to California Penal Code §§308, 3086, as amended. B. 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. 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$100.00,for a first violation. 2. A fine, not exceeding$200.00,for a second violation of this chapter within one year. 3. A fine, not exceeding$500.00, 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 9.32.030(B) shall be deemed a public nuisance,and may be abated by the city in a civil action or by other appropriate legal proceedings. D. Minors in violation of 9.32.040.A, above, may have any tobacco accessories,tobacco product sample,or tobacco product in the minor's possession taken as evidence of the violation by the citing officer or official. Title 11 Vehicles and parking Chapter 11.04 Definitions 11.04.055 "Electric charging station"means equipment that has as its primary purpose the transfer of electric energy to a battery or other energy storage device on an electric vehicle. 11.04.057 "Electric vehicle" means a vehicle that operates, either partially or exclusively, on electrical energy from the electrical grid, or an off grid source,that is stored on board for motive purposes. Chapter 11.36 Stopping,standing and parking 11.36.230 Reserved Parking for Charging Electric Vehicles. 11