§ 8.36.050. Tobacco vending machines prohibited.

No cigarette or other tobacco product may be sold, offered for sale, or distributed by or from a vending machine or other appliance, or any other device designed or used for vending purposes. The provisions of this section shall not apply to businesses licensed under the provisions of Chapter 138, Section 12, of the Massachusetts General Laws, where alcoholic beverages or wines and malt beverages are sold to be drunk on the premises where a specific portion of the premises is used primarily to dispense alcoholic beverages where minors are not allowed. Provided however, that the only tobacco vending machines which may be allowed in said premises: (i) may only be located in those portions of said premises where minors are not allowed; and (ii) shall be equipped with lock out devices or similar control systems which prohibit minors from purchasing from tobacco vending machines. Notwithstanding the foregoing provisions, no tobacco vending machine may be situated, with or without so called lock out devices or similar control systems, in any exitway (whether interior or exterior in nature), entranceway (whether interior or exterior in nature) or waiting area.

(C.O.97-317 (part))