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(1) Accessible to persons under the age of 21 years means, in reference to premises, that no prohibition exists to the entry upon premises, or a discrete portion of premises, by persons who have not attained the age of 21 years.

(2) Cigarette has the meaning set out in ORS 323.010(1).

(3) In direct view means that a person in charge of the tobacco vending machine, while at the person's primary work station, can see the facial features of a person who causes the tobacco vending machine to dispense cigarettes or any tobacco product.

(4) Primary work station means the place or area where a person spends substantially all of the person's time while in charge of the tobacco vending machine.

(5) Tobacco products has the meaning set out in ORS 323.500(14).

(6) Tobacco vending machine means any self-service device offered for public use which, upon insertion of a coin, coins, currency or token, or by other means, dispenses cigarettes or any tobacco product, either in bulk or package, without the necessity of replenishing the device between each vending operation.

(7) Under control of a person in charge means that the tobacco vending machine is:

(a) in direct view of, and

(b) within 25 feet of, a person who owns the tobacco vending machine or who has the right to control the use of premises where the tobacco vending machine is located; or, an employee of either who is charged with the duty to prevent persons under 21 years of age from obtaining cigarettes or tobacco products from the tobacco vending machine.

[Amd. Sec. 6, Ord. No. 2018-18, Feb. 15, 2018.]