39-17-1507 - Vending machine sales.
39-17-1507. Vending machine sales.
(a) It is unlawful for any person to sell tobacco products through a vending machine unless the vending machine is located in any of the following locations:
(1) In areas of factories, businesses, offices, or other places that are not open to the public;
(2) In places that are open to the public but to which persons under eighteen (18) years of age are denied access;
(3) In places where alcoholic beverages are sold for consumption on the premises, but only if the vending machine is under the continuous supervision of the owner or lessee of the premises or an employee of the owner or lessee of the premises, and is inaccessible to the public when the establishment is closed; and
(4) In other places, but only if the machine is under the continuous supervision of the owner or lessee of the premises or an employee of the owner or lessee of the premises, or the machine can be operated only by the use of a token purchased from the owner or lessee of the premises or an employee of the owner or lessee of the premises prior to each purchase, and is inaccessible to the public when the establishment is closed.
(b) In any place where supervision of a vending machine, or operation by token is required by this section, the person responsible for that supervision or the sale of the token shall demand proof of age from a prospective purchaser if an ordinary person would conclude on the basis of appearance that the prospective purchaser may be under twenty-seven (27) years of age.
[Acts 1994, ch. 872, § 7; 1999, ch. 354, §§ 9, 10.]