Sec. 463.205. - Tobacco product vending machines.

(a) Except as provided in subsection (b) of this Section, tobacco product vending machines may be installed or used in: (1) Any premises or portion thereof to which access by minors is expressly prohibited by law or by policy of the owner of the premises, if, and only if, the tobacco vending machine is located fully within such premises from which minors are prohibited; or (2) Commercial buildings or industrial plants or portions thereof where the public is expressly prohibited and where such machines are strictly for the use of the employees therein; provided that the area must be signed as not open to the public and no minor employees are usually admitted; or (3) Any other commercial premises if the machine is located so that at all times an employee has an unobstructed view of the entire face or front of the vending machine; provided, however, that the machine cannot be in a different room from the employee if the rooms are separated by a door. (b) Tobacco products vending machines shall be absolutely prohibited for one year in or on any premises where the owner or operator of such premises has been convicted three or more times for violating Section 463.201 in any two-year period. (c) It is unlawful and a violation for the owner or operator of a premises to place or allow to be placed a tobacco product vending machine except in conformity with this Section. (Ord. 90-772-574, § 1)