This chapter shall be known as the ordinance to prohibit tobacco product vending machines in areas accessible to persons under twenty-one (21) years of age. (Ord. 11771 § 1, 1995: prior code § 4-12.01)

The City Council of the city finds that:
A. The adverse effects of smoking are well established by studies conducted in the health and medical fields; and
B. The smoke emitted by tobacco products contains over four thousand (4,000) chemicals, many of which are known carcinogens, mutagens, irritants and toxins; and
C. The Surgeon General has identified the smoking of tobacco products as the single most preventable cause of death in our society, accounting for an estimated three hundred ninety thousand (390,000) premature deaths per year in the United States alone; and
D. The smoking of cigarettes and other related products is highly addictive, so that the chances are only one out of twenty (20) that a smoker attempting to quit smoking will succeed; and
E. Minors are generally not informed of the adverse effects of smoking or are led through advertisements and commercial promotions to believe that cigarette smoking will enhance their image or lifestyle; and
F. Tobacco product vending machines provide minors unregulated access to smoking products, increasing the risk of early exposure to smoking which may result in a life-long addiction to tobacco products; and
G. In order to minimize the use of tobacco products by minors it is necessary that an ordinance be adopted which restricts access to tobacco vending machines by minors, in the interest of promoting their health, safety and welfare. (Prior code § 4-12.02)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
“Person” means an individual, firm, partnership, joint venture, unincorporated association, corporation, estate, trust, trustee, or any other group or combination of the above acting as a unit.
“Six-month owner” means a person who purchased a tobacco product vending machine with an approved electronic security device fewer than six months prior to the effective date of this chapter for the purpose of using the machines to sell or distribute tobacco products exclusively within the city of Oakland and who on the effective date of this chapter was using the vending machines in an area accessible to minors and who has not, or will not have, recovered his or her investment therein by the date on which discontinuance of use is required pursuant to Section 8.34.040B.
“Tobacco accessories” means cigarette papers or wrappers, pipes, cigarette rolling machines, and any other item designed primarily for the smoking or ingestion of tobacco products.
“Tobacco product” means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and dipping tobacco.
“Tobacco product vending machine” means any mechanical or electrical device requiring the insertion of coins or paper bills, or other thing representative of value, to dispense or release a tobacco product and/or tobacco accessories. (Ord. 11771 § 2, 1995; prior code § 4-12.03)

A. No person shall place, maintain, use, or permit the placement, maintenance, or use, of any tobacco product vending machine (“machine”) on his or her premises for the purpose of selling or distributing any tobacco products or tobacco accessories when persons under twenty-one (21) years of age have access to the premises.
B. All machines in use on premises accessible to minors shall be removed within ninety (90) days after the effective date of the ordinance codified in this chapter except a machine owned by a person who has purchased the machine within six months prior to the effective date of the ordinance codified in this chapter, and who has applied for and received a use extension based on financial hardship, as described in subsection C of this section.
C. A use extension shall be granted to an owner of a machine who has purchased such a machine within six months prior to the effective date of this chapter, upon a showing of financial hardship, determined if all the following are present:
1. That the tobacco product vending machine had been in use in the city in an area accessible to minors on the effective date of this chapter;
2. That the tobacco product vending machine owner (“owner”) had owned the machine for less than six months prior to the effective date of this chapter;
3. That the owner will not have recovered his or her investment in the machine before the date of required discontinuance; and
4. That the investment not recovered at the date of required discontinuance will exceed ten percent of the actual cost of the machine; and
5. That the machine will be located so as to allow for constant supervision by the owner or a responsible employee.
The length of the use extension shall be determined by the City Manager or his or her designee, provided that the use extension shall in no event exceed one year from the date of installation of the machine. The owner shall bear the burden of proof on each issue, and the decision of the City Manager or his or her designee shall be final. The City Manager’s power to grant a use extension shall expire six months after the effective date of this chapter. (Ord. 11771 § 3, 1995; prior code § 4-12.04)

A. A tobacco product vending machine equipped with an approved electronic security device which notifies an adult proprietor, employee, or other adult individual in custody and control of the tobacco vending machine of an impending vending machine transaction, and which requires said proprietor or employees or individual to unlock the vending machine security device before the transaction can be consummated, is exempt from the provisions of Section 8.34.040, provided that the vending machine cannot be accessed without deactivating the security device. The security device shall be on at all times, except when a transaction is made, and must only be turned off for a specific transaction.
B. For the exemption in this section to apply, approval, in the form of a permit, of the electronic security device must be obtained from the City Manager or his or her designee.
C. The fee for such permit is to be established pursuant to the Master Fee Schedule. (Prior code § 4-12.05)

A. Any person who violates or refuses to comply with the provisions of this chapter shall be guilty of an infraction.
B. Each day such violation is committed or permitted to continue shall constitute a separate offense.
C. Any person convicted of an infraction under the provisions of this chapter shall be punished upon a first conviction by a fine of not more than one hundred dollars ($100.00) and, for a second conviction within a period of one year, by a fine of not more than two hundred dollars ($200.00) and, for a third or any subsequent conviction within a one-year period, by a fine of not more than five hundred dollars ($500.00). Any violation beyond the third conviction within a one-year period may be charged by the City Attorney or the District Attorney as a misdemeanor and the penalty for conviction of the same shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six months or by both.
D. The City Manager or his or her designee shall enforce this chapter against violations by any of the following actions:
1. Receiving and investigating complaints related to the violation of this chapter;
2. Serving notice requiring the correction of any violation of this chapter;
3. Calling upon the City Attorney to maintain an action for injunction to enforce the provisions of this chapter and to cause the correction of any such violation through all appropriate equitable and legal means. (Prior code § 4-12.06)

This chapter shall be enforced to the full extent of the authority of the city. If any section, subsection, paragraph, sentence or word of this chapter is deemed to be invalid or beyond the authority of the city, either on its face or as applied, the invalidity of such provision shall not affect the other sections, subsections, paragraphs, sentences or words of this chapter, and the applications thereof; and to that end the section, subsections, paragraphs, sentences and words of this chapter shall be deemed severable. (Prior code § 4-12.07)