Vending machines: Placement restrictions. Penalties

# (a)

No cigarette vending machine or restricted cigarette vending machine may be placed in an area, facility or business which may be accessed by persons under the age of twenty-one unless it is placed in an area, facility or business permitted under chapter 545 that has a separate area accessible only to persons twenty-one years of age or older and the machine is placed in such separate area. No cigarettes may be dispensed from any machine other than a cigarette vending machine or a restricted cigarette vending machine.

# (b)

The Commissioner of Revenue Services shall assess any person, dealer or distributor who violates the provisions of this section a civil penalty of two hundred fifty dollars for a first violation and five hundred dollars for a second violation within eighteen months. For a third violation within eighteen months, such penalty shall be five hundred dollars and any such machine shall be immediately removed from such area, facility or business and no such machine may be placed in such area, facility or business for a period of one year following such removal.

# (c)

Nothing in this section shall be construed as limiting a town or municipality from imposing more restrictive conditions on the use of vending machines for the sale of cigarettes. A municipality shall be responsible for the enforcement of such conditions. (P.A. 92-66, S. 2; P.A. 96-240, S. 3, 10; P.A. 19-13, S. 4.) History: P.A. 96-240 amended Subsec.

(a) to add reference to restricted cigarette vending machines and to bar dispensing of cigarettes from any machine other than those defined in this chapter, deleted former Subsec.

(b) re placement of cigarette vending machines, relettered former Subsec.

(c) as Subsec. (h) and inserted new Subsecs. (b) to (g), inclusive, re placement of machines and penalties for violations, effective June 6, 1996; P.A. 19-13 amended Subsec. (a) to add provision prohibiting placement of vending machines in areas, facilities or businesses accessed by persons under the age of 21 without a separate area accessible only to such persons, deleted former Subsecs. (b) to (f) and redesignated existing Subsecs. (g) and (h) as new Subsecs. (b) and (c). Town ordinance prohibiting all cigarette vending machines within town borders is valid and is not preempted by statute since it addresses matter of concurrent state and local concern, does not conflict with statute and is rationally related to protection of community's public health, safety and general welfare. 256 C. 105. (Return to ChapterTable of Contents) (Return toList of Chapters) (Return toList of Titles)