Chapter 6.05
CIGARETTE AND/OR TOBACCO VENDING MACHINES
Sections:
6.05.030 Prohibition of vending machine sales.
6.05.050 Cigarette and/or tobacco vending machines – Violations – Penalties.
6.05.010 SHORT TITLE.
This chapter shall be known as the “Cigarette and/or Tobacco Vending Machine Ordinance.”
(Ord. 91-26 § 1, 1991).
6.05.020 INTENT AND PURPOSE.
The city council finds that the availability of cigarettes and tobacco products marketed through vending machines which dispense such products promotes the use of tobacco products among minors contrary to existing state laws which prohibit the sale or distribution of cigarettes and/or tobacco products to persons under the age of eighteen. Therefore, the city council finds and declares it necessary to enact this chapter to recognize and promote such laws, and to protect the public health, safety and welfare.
(Ord. 91-26 § 1, 1991).
6.05.030 PROHIBITION OF VENDING MACHINE SALES.
(a) Except as provided in Section 6.05.040, it shall be unlawful for any person, corporation or other entity to place, install, maintain or control any vending machine or any other machine or device designed for the dispensing, distribution or sale of cigarettes or other tobacco products in any public place within the city of Santa Cruz.
(b) For the purposes of this chapter, “public place” is defined as an area to which any members of the public are invited, or in which any members of the public are permitted, including, but not limited to, public transportation facilities, medical facilities, reception areas, restaurants, restaurant/bar combinations, retail stores, retail service establishments, retail food production and marketing establishments, waiting rooms, service clubs, public or private cafeterias, or any workplace or work areas.
(Ord. 91-26 § 1 1991).
6.05.040 EXEMPTIONS.
Exempted from the terms of this chapter are those establishments which serve alcoholic beverages pursuant to a Type 48 license from the California Alcohol Beverage Control Board, the terms of which license prohibit persons under twenty-one years of age from entering and remaining on the premises, and which comply with this section. Any cigarette vending machine within such an establishment shall vend cigarettes in exchange for tokens only and shall not accept coins or any other type of currency. Tokens needed to operate the cigarette vending machine shall be sold only over the bar at the establishment containing the cigarette vending machine by the establishment’s bartender. All cigarette vending machines exempted by this section shall be tooled to accept tokens on or before January 1, 1992.
(Ord. 91-26 § 1, 1991).
6.05.050 CIGARETTE AND/OR TOBACCO VENDING MACHINES – VIOLATIONS – PENALTIES.
Any person violating any provision of this chapter shall be guilty of an infraction, punishable in accordance with Chapter 4.04.
(Ord. 2021-18 § 15, 2021; Ord. 91-26 § 1, 1991).