Sec. 11-140. - Findings and purpose.

The council does hereby find that:

The purpose of this article is to protect the health and welfare by regulating the placement of tobacco products vending machines.

The sale of cigarettes to minors under the age of seventeen (17) years is prohibited by North Carolina General Statute 14-313.

(Ord. No. 93-11-8/O-1)

Sec. 11-141. - Definitions.

Vending machines means any merchandising machine or dispenser operated to sell or dispense tobacco products.

(Ord. No. 93-11-8/O-1)

Sec. 11-142. - Sale of tobacco products through vending machines.

Tobacco products may be sold at retail through vending machines only under the conditions named below:

(1)

Any such machines shall be located in plain view of and shall be under the control of a responsible employee of the establishment.

(2)

A single vending machine may not be used to sell other commodities in combination with tobacco products.

(Ord. No. 93-11-8/O-1)

Sec. 11-143. - Signs.

Establishment managers must post a conspicuous sign, at least five (5) inches by seven (7) inches, on or near the vending machine which reads as follows:

The sale of cigarettes to minors under the age of seventeen (17) years of age is a misdemeanor punishable by a fine not to exceed five hundred ($500.00) dollars, imprisonment for not more than six (6) months, or both (North Carolina General Statute 14-312).

(Ord. No. 93-11-8/O-1)

Sec. 11-144. - Enforcement and penalties.

Any violation of this article may result in a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00), imprisonment for not more than thirty (30) days, or both.

Where there is any uncertainty as to the intent or actual meaning of any provision of this article, the town manager shall make an interpretation of said provision on request of any person.

(Ord. No. 93-11-8/O-1)

Sec. 11-145. - Conflict of laws.

If any portion of this article or the enforcement thereof shall be preempted by any state or federal authority, such preemption shall not operate to invalidate the rest of this article; and the same shall remain in full force and effect.

(Ord. No. 93-11-8/O-1)

Sec. 11-146. - Effective Date.

This article shall be effective January 1, 1994.

Secs. 11-147—11-149. - Reserved.