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A. Any person who sells or offers to sell any cigarettes or tobacco products, as defined in PMC 11.14.010, in a vending machine or other coin operated machine commits a Class B municipal offense, except that cigarettes may be sold at retail through vending machines in the following places:

1. Factories, businesses, offices, or other places not opened to the general public;

2. Places to which persons under the age of twenty-one (21) years of age are not permitted access; and

3. Places where the vending machine is under the direct supervision of the owner of the establishment or an adult employee of the owner, including but not limited to establishments holding a valid liquor license issued pursuant to Article 3 of Title 44, C.R.S.

B. As used in this section, “under direct supervision” means the vending machine shall be in plain view of the business owner or an employee at all times when the vending machine is accessible by the public. (Ord. 375 §4, 1996; Amended Ord. 472 §14, 2003; Amended Ord. 807 §2 (Exh. A), 2023)