Section 17-177. Prohibition on the distribution of tobacco products through vending machines

a. Definitions. For purposes of this section:    (1) "Distribution" means to  give,  sell,  deliver,  dispense,  issue,
  offer  to  give,  sell, deliver, dispense or issue, or cause or hire any
  person to give, sell, deliver, dispense, issue or offer to  give,  sell,
  deliver, dispense or issue.
    (2) "Person" means any natural person, corporation, partnership, firm,
  organization or other legal entity.
    (3)  "Public  place"  means any area to which the public is invited or
  permitted.
    (4) "Retail dealer"  means  "retail  dealer"  as  defined  in  section
  11-1301 of the administrative code.
    (5) "Tavern" means an establishment where alcoholic beverages are sold
  and  served for on-site consumption and in which the service of food, if
  served at all, is incidental to the sale of such beverages.  Service  of
  food  shall  be considered incidental if the food service generates less
  than forty percent of total annual gross sales. As used herein, the term
  "tavern" shall not be deemed to include a bar located in a public  place
  in  which  the  sale of alcoholic beverages is incidental to the primary
  purpose of the business or establishment conducted therein, except for a
  bar located in a public place  which  offers  overnight  accommodations.
  Examples of public places not deemed to be taverns within the definition
  of this paragraph include, but are not limited to, restaurants, catering
  halls,  bowling  alleys,  billiard  parlors,  discotheques, theatres and
  arenas.
    (6) "Tobacco product" means  any  substance  which  contains  tobacco,
  including  but  not  limited  to cigarettes, cigars, smoking tobacco and
  smokeless tobacco.
    (7) "Wholesale dealer" means "wholesale dealer" as defined in  section
  11-1301 of the administrative code.
    (8)  "Vending  machine"  means  any  mechanical,  electronic  or other
  similar device which dispenses tobacco products.
    b.  Distribution  of  tobacco  products   through   vending   machines
  prohibited.    No  person  shall  permit  the  distribution of a tobacco
  product through the operation of a vending machine in  a  public  place.
  This prohibition shall not apply to the distribution of tobacco products
  in a tavern.
    c.  Distribution of tobacco products in a tavern. Tobacco products may
  be distributed in a tavern only in the following ways:
    (1) through a vending machine which must be (i) placed at  a  distance
  of  a  minimum  of  25  feet from any entrance to the premises; and (ii)
  directly visible by the owner of the premises, or his or her employee or
  agent, during the operation of such vending machine; or
    (2) directly by the owner of the premises, or his or her  employee  or
  agent.
    d.  Identification  of  vending machines. A wholesale dealer or retail
  dealer shall post a durable sign  on  any  vending  machine  which  such
  dealer  is  licensed  to  own,  operate  or maintain. Such sign shall be
  visible to the general  public  and  provide  the  applicable  cigarette
  license  number and expiration date and the license holder's name, place
  of business and phone number.
    e. Enforcement. The department shall enforce the  provisions  of  this
  section. In addition, designated enforcement employees of the department
  of  buildings,  the  department  of  consumer affairs, the department of
  environmental protection, the fire  department  and  the  department  of
  sanitation  shall  have  the  power  to  enforce  the provisions of this
  section.

    f. Violations and penalties. (1) Any person found to be  in  violation
  of  this  section  shall  be liable for a civil penalty of not more than
  three hundred dollars for  the  first  violation;  not  more  than  five
  hundred dollars for the second violation; and not more than one thousand
  dollars  for the third and all subsequent violations. In addition, for a
  third and subsequent violations, any person who engages in business as a
  wholesale dealer or retail dealer shall be subject to the suspension  of
  his or her cigarette license, for a period not to exceed one year, after
  notice  and  the  opportunity  for  a hearing before the commissioner of
  finance or his or her designee. A wholesale dealer who owns, operates or
  maintains a vending machine placed in  violation  of  subdivision  b  or
  paragraph  (1)  of subdivision c of this section shall be liable only if
  he or she has knowledge of the violation. The department shall  promptly
  give  written  notice  to  the  wholesale  dealer identified on the sign
  required by subdivision d of this section of any such  violation  by  an
  owner  of the premises, or his or her employee or agent. For purposes of
  this section, such  notice  shall  be  prima  facie  evidence  that  the
  wholesale  dealer has knowledge of future violations of subdivision b or
  paragraph (1) of subdivision c of this section.
    (2) A proceeding to recover any civil penalty authorized  pursuant  to
  the  provisions of this subdivision shall be commenced by the service of
  a notice of violation which shall be returnable  to  the  administrative
  tribunal  established  by  the board of health or to any body succeeding
  the administrative tribunal. Such tribunal or its successor  shall  have
  the power to impose the civil penalties prescribed by this section.
    (3) The penalties provided by this subdivision shall be in addition to
  any  other  penalty  imposed by any other provision of law or regulation
  thereunder.
    g. Construction.  Nothing  in  this  section  shall  be  construed  to
  prohibit the following:
    (1)  the  transfer  of an existing vending machine from placement in a
  premises prohibited  pursuant  to  subdivision  b  of  this  section  to
  placement in a tavern; or
    (2) the initial placement of a vending machine in a tavern.