§ 20-13. Certain forms of tobacco distribution prohibited.

(a)

It shall be unlawful to sell cigarettes or other tobacco products in any form except original factory-wrapped packages. The sale of individual cigarettes is specifically prohibited.

(b)

It shall be unlawful for any person or organization to give away, hand out, or otherwise distribute free samples of cigarettes or other tobacco products, or coupons that can be redeemed for free samples of cigarettes or other tobacco products or otherwise reduce the price to be paid for cigarettes or other tobacco products, anywhere within the city's zoning jurisdiction.

(c)

Except as permitted under subsection (e), it shall be unlawful to dispense cigarettes or other tobacco products from a vending machine or similar device.

(d)

It shall be unlawful for any person to:

(i)

Sell, permit to be sold, or offer for sale tobacco or tobacco products by means other than vendor-assisted access; or

(ii)

Display tobacco or tobacco products in a manner allowing customers access to tobacco or tobacco products without vendor assistance;

provided, that this subsection (d) shall not prohibit tobacco vending machines that are otherwise permitted under subsection (e).

(e)

Cigarettes or other tobacco products may be dispensed from a vending machine or similar device when such machine or device is located in an area, office, business, plant, or factory which is not open to the general public or on the licensed premises of any establishment having a license issued under the Nebraska Liquor Control Act for the sale of alcoholic liquor for consumption on the premises when such machine or device is located in the same room in which the alcoholic liquor is dispensed.

(Ord. No. 3362, § 1, 5-23-2005)