Chapter 5.20
CIGARETTE VENDING MACHINES
Sections:
5.20.020 Operation by minors prohibited.
5.20.040 License term and fee.
5.20.060 Regulations for display and operation.
5.20.070 License revocation – Designation of places for machines.
5.20.010 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Automatic cigarette vending machines” or “machines” means any and all machines, devices and/or apparatus of whatsoever kind, nature or description that are designed, operated, used and/or displayed for the vending of cigarettes.
“Person” means a natural person, firm, corporation or copartnership. [Ord. 959, 7-6-43. Code 2001 § 115.01.]
5.20.020 Operation by minors prohibited.
It shall be unlawful for any person to permit or allow any automatic cigarette vending machine then in that person’s possession or under that person’s control to be played or operated by any minor under the age of 21 years; provided, that every proprietor, employee and person in charge of any place of business wherein any automatic cigarette vending machine is being operated or displayed shall be conclusively presumed to be in possession and control of such machine. [Ord. 959, 7-6-43. Code 2001 § 115.02.]
Penalty: See NMC 5.20.080.
5.20.030 License application.
A. Any person desiring to maintain, keep and/or display any such automatic cigarette vending machine shall first make and file with the city a written application for a license so to do the same.
B. Such application shall provide:
1. The name, address and place of business of the applicant; and
2. A description of the machine or machines, by serial number if possible.
C. The application shall be accompanied by an annual license fee.
D. Whereupon, the city shall issue the license as herein provided, if the application otherwise complies with the requirements of this chapter. [Ord. 959, 7-6-43. Code 2001 § 115.03.]
Penalty: See NMC 5.20.080.
5.20.040 License term and fee.
Each license shall be issued for not less than one year, and the fee shall be the sum of $12.00 per year for each machine. [Ord. 1135, 6-1-53; Ord. 959, 7-6-43. Code 2001 § 115.04.]
5.20.050 Tags.
A. When issuing the license, the recorder shall also issue for each machine a separate tag bearing the license number, its date of expiration and the signature of the recorder.
B. It shall be unlawful to operate, maintain, keep and/or display any automatic cigarette vending machine unless one of said tags is then and there conspicuously displayed on the machine. [Ord. 959, 7-6-43. Code 2001 § 115.05.]
Penalty: See NMC 5.20.080.
5.20.060 Regulations for display and operation.
It shall be unlawful to display or operate any such automatic cigarette vending machine unless it is suitably supplied with cigarettes and in good working order so as to properly vend such cigarettes. [Ord. 959, 7-6-43. Code 2001 § 115.06.]
Penalty: See NMC 5.20.080.
5.20.070 License revocation – Designation of places for machines.
A. The city council shall have the right to revoke any and all licenses issued hereunder at its discretion, either with or without notice, to the licensee; provided, that the unexpired portion of the license fee, having been paid, tendered or deposited with the recorder, is refunded.
B. The city council shall have the further right to designate the place or places wherein any such machine may be operated, maintained and/or displayed. [Ord. 959, 7-6-43. Code 2001 § 115.07.]
5.20.080 Penalty.
A. Any person violating any of the terms of this chapter shall have committed a Class 4 civil infraction and shall be processed in accordance with the procedure set forth in the uniform civil infraction procedure ordinance, Chapter 2.30 NMC.
B. Any such machine being operated, maintained, kept and/or displayed in violation of this chapter shall also, at the discretion of the municipal judge, be confiscated to the city. [Ord. 2163, 4-1-85; Ord. 959, 7-6-43. Code 2001 § 115.99.]