§ 11-9-13.1. Cigarette and tobacco vending machines.
(a) No cigarettes, nor any other tobacco product, nor electronic nicotine-delivery system
product shall be sold from any device or vending machine that is in an area not continuously
supervised and in direct line of sight of an authorized person employed by the person,
firm, or corporation that owns the business occupying the premises in which the device
or vending machine is located, nor shall any tobacco product, nor electronic nicotine-delivery
system product be sold from any device or vending machine that is in an area supervised
by such an authorized person unless the device or vending machine is equipped with
an electronic locking device that will not allow the device or vending machine to
dispense a pack of cigarettes, or any other tobacco product, or electronic nicotine-delivery
system product unless it is electronically unlocked from a secured position inaccessible
to the public and under the supervision of an authorized person employed by the person,
firm, or corporation that owns the business occupying the premises in which the device
or vending machine is located. "Direct line of sight� means that the vending machine
and the purchaser of cigarettes or electronic nicotine-delivery system product must
be visible to the authorized person pressing the unlock button while the unlock button
is being activated. Provided, a locking device shall not be required in an establishment
licensed to sell alcoholic beverages that limits access to persons over the age of
twenty-one (21) years.
(b) No cigarettes, nor any other tobacco product, nor electronic nicotine-delivery system
product shall be sold from any device or vending machine from which non-tobacco products
are sold.
(c) No cigarettes shall be sold in packs that contain less than twenty (20) cigarettes.
(d) Any person, firm, or corporation who or that owns a business occupying the premises
in which a device or vending machine that dispenses cigarettes, or any other tobacco
product or electronic nicotine-delivery system product is located who or that shall
violate any of the provisions of subsections (a) and (b) of this section shall for
the first offense be subject to a fine of seventy-five dollars ($75.00), for the second
offense, be subject to a fine of one hundred fifty dollars ($150), and for the third
and any subsequent offense, be subject to a fine of five hundred dollars ($500); provided,
that in the event that there are no offenses in three (3) successive years from the
date of the last offense, then the next offense shall be treated as the first offense.
(e) Any person, firm, or corporation who or that shall violate subsection (c) of this
section shall, for the first offense, be subject to a fine of seventy-five dollars
($75.00), for the second offense, be subject to a fine of one hundred fifty dollars
($150), and for the third and any subsequent offense, be subject to a fine of five
hundred dollars ($500); provided, that in the event that there are no offenses in
three (3) successive years from the date of the last offense, then the next offense
shall be treated as the first offense.
(f) One-half (½) of all the fines collected pursuant to this section shall be transferred
to the municipalities in which the citations originated. One-half (½) of all the fines
collected pursuant to this section shall be transferred to the general fund.
(g) Severability. If any provision of this section or the application of it to any person or circumstance
is held invalid, that invalidity shall not affect other provisions or applications
of this section, which can be given effect without the invalid provision or application,
and to this end the provisions of this section are declared to be severable.