8.20.020 Prohibition of cigarette vending machines except in places to which minors have no access.
A. No person shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his, her, or its premises of any cigarette vending machine used or intended to be used for the purpose of selling or distributing any tobacco products or tobacco accessories therefrom unless:
1. Access to the premises by persons under eighteen years of age is prohibited by law; or
2. The cigarette vending machine is within ten feet of an attended cashier or check stand and in clear view of such attendant without any intervening physical or visual obstruction.
B. Any cigarette machine in use on the effective date of this chapter on premises to which minors have access shall be removed within ninety days after the effective date of this chapter.
C. A six month owner may apply to the city clerk for a use extension based on financial hardship. A use extension shall be granted to a six month owner if the city clerk or his/her designee makes all the following findings:
1. That the vending machine was intended for use only within the city of Montague and had been in use in an area accessible to minors on the effective date of this chapter.
2. That the vending machine owner had owned the machine for Jess than six months prior to the effective date of this chapter.
3. That the vending machine owner has not, or will not have recovered his, her or its investment therein before the date of required discontinuance.
4. That the vending machine owner has no practical way to recover the investment in the machine other than its continued use within the city of Montague on premises accessible to minors.
5. That the investment not yet recovered exceeds ten percent of the actual cost of the machine.
6. That the vending machine will be placed in a location on the premises easily viewed and supervised by the owner or a responsible employee.
7. The length of the use extension shall not exceed that additional time period necessary to allow recovery of the owner's investment, provided, however, that no use extension shall be granted which allows the total time during which the machine will be in use within the city of Montague in an area accessible to minors to exceed one year from the date of installation of the machines. The cigarette vending machine owner shall bear the burden of proof on each issue. The decision of the city clerk or his/her designee shall be final. The city clerk's power to grant a use extension shall expire six months after the effective date of this chapter. (Ord. 95-04 § 1 (part), 1996)