§ 11-9-13.1 - Cigarette and tobacco vending machines.
SECTION 11-9-13.1
§ 11-9-13.1 Cigarette and tobacco vendingmachines. – (a) No cigarettes nor any other tobacco product shall be sold from any deviceor vending machine which is in an area not continuously supervised and indirect line of sight of an authorized person employed by the person, firm, orcorporation that owns the business occupying the premises in which the deviceor vending machine is located, nor shall any tobacco product be sold from anydevice or vending machine which is in an area supervised by such an authorizedperson unless the device or vending machine is equipped with an electroniclocking device which will not allow the device or vending machine to dispense apack of cigarettes, or any other tobacco product, unless it is electronicallyunlocked from a secured position inaccessible to the public and under thesupervision of an authorized person employed by the person, firm, orcorporation that owns the business occupying the premises in which the deviceor vending machine is located. "Direct line of sight" means that the vendingmachine and the purchaser of cigarettes must be visible to the authorizedperson pressing the unlock button while the unlock button is being activated.Provided, a locking device shall not be required in an establishment licensedto sell alcoholic beverages which limits access to persons over the age oftwenty-one (21) years.
(b) No cigarettes nor any other tobacco product shall be soldfrom any device or vending machine from which non-tobacco products are sold.
(c) No cigarettes shall be sold in packs which contain lessthan twenty (20) cigarettes.
(d) Any person, firm, or corporation who owns a businessoccupying the premises in which a device or vending machine which dispensescigarettes or any other tobacco product is located who shall violate any of theprovisions of subsections (a) and (b) of this section shall for the firstoffense be subject to a fine of seventy-five dollars ($75.00), for the secondoffense, be subject to a fine of one hundred fifty dollars ($150), and for thethird and any subsequent offense, be subject to a fine of five hundred dollars($500); provided, that in the event that there are no offenses in three (3)successive years from the date of the last offense, then the next offense shallbe treated as the first offense.
(e) Any person, firm or corporation who shall violatesubsection (c) of this section shall for the first offense be subject to a fineof seventy-five dollars ($75.00), for the second offense, be subject to a fineof one hundred fifty dollars ($150), and for the third and any subsequentoffense, be subject to a fine of five hundred dollars ($500); provided, that inthe event that there are no offenses in three (3) successive years from thedate of the last offense, then the next offense shall be treated as the firstoffense.
(f) One-half ( 1/2) of all the fines collected pursuant tothis section shall be transferred to the municipalities in which the citationsoriginated. One-half ( 1/2) of all the fines collected pursuant to this sectionshall be transferred to the general fund.
(g) Severability. If any provision of this section orthe application of it to any person or circumstance is held invalid, thatinvalidity shall not affect other provisions or applications of this section,which can be given effect without the invalid provision or application, and tothis end the provisions of this section are declared to be severable.