Ord 1877 - Prohibiting the Use of Cigarette or Tobacco Vending Machines in Public PlacesORDINANCE 1877
AN ORDINANCE OF THE TOWN OF LOS GATOS PROHIBITING THE USE OF
CIGARETTE OR TOBACCO VENDING MACHINES IN PUBLIC PLACES
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
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SECTION I
Section 17 -7 of the Town Code is added to read as follows:
Section 17 -7 Regulation of cigarette and tobacco product vending machines
A. Findings
The Surgeon General of the United States and the American Heart
Association has released information that shows approximately 60 percent of
all smokers become addicted before their 14th birthday and that more than
3,000 teenagers become regular smokers everyday.
The Town Council finds that the availability of cigarettes and tobacco
products marketed through vending machines promotes the use of tobacco
products among minors, contrary to existing State Laws which prohibit the
sale or distribution of tobacco products to persons under the age of 18. The
Town Council finds further that regulating vending machines will promote
the health considerations which justify this Council's comprehensive
regulation of smoking by the general public in public places.
B. Prohibition
It shall be unlawful for any person, corporation or other entity to place,
install or maintain or control any vending machine or any other machine or
device designed for the dispensing, distribution or sale of cigarettes or other
tobacco products in any public place within the Town of Los Gatos.
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For the purposes of this chapter, "public place" is defined as any area to
which any members of the public are invited, or in which any members of the
public are permitted, including,but not limited to, public transportation facilities,
reception areas, restaurants, restaurant /bar combinations, bars, retail stores, retail
service establishments, retail food production and marketing establishments,
waiting rooms, service clubs, public or private cafeterias, or any workplace or work
areas.
C. Penalties
Any person who violates this Article is subject to a civil penalty of $100 and the
cost of enforcing this chapter which shall include all costs, staff and attorney time.
Such person shall be deemed to have committed a separate offense for each and
every day during any portion of which any violation of this Ordinance is
committed or permitted.
SECTION II
This Ordinance takes effect 30 days after the date it is adopted. Within 15 days after
this Ordinance is adopted, the Town Clerk shall cause it to be published once in a
newspaper of general circulation published and circulated in the Town
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This Ordinance was introduced at a regular meeting of the Town Council of the Town
of Los Gatos on October 7, 1991, and adopted by the following vote as an ordinance of the
Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on
November 4, 1991.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Eric D. Carlson,
Mayor Brent N. Ventura
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED.
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MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
CLERK OF THE TOWN O S GATOS
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