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(1) Except as provided in subsection (2), it shall be unlawful

(a) for any person in possession of any premises located within the City of Medford to place or allow to be placed on said premises any tobacco vending machine, or

(b) for any person who owns or controls a tobacco vending machine to place or allow to be placed such tobacco vending machines at premises within the City of Medford.

(2) The prohibitions of subsection (1) shall not apply to premises or to tobacco vending machines on premises that are:

(a) licensed by the Oregon Liquor Control Commission for on-premises consumption of alcoholic beverages or as a retail liquor store;

(b) maintained for the use of employees and not open to the public;

(c) not accessible to persons under the age of 21 years;

(d) under the control of a person in charge of the tobacco vending machine; or

(e) configured in a way that will allow a blind person, as that term is defined in ORS 346.110(2), who has training and skills that enable the blind person to determine if a person obtaining cigarettes or any tobacco product from a tobacco vending machine is under 21 years of age, and which blind person is in control of the tobacco vending machine.

(3) Violation of this section constitutes a violation.

[Added Ord. No. 6590, Apr. 5, 1990; Amd. Ord. No. 2000-45, Mar. 16, 2000; Amd. Sec. 7, Ord. No. 2018-18, Feb. 15, 2018.]