No person or business entity may offer for sale any cigarette,
tobacco product or tobacco-derived product, in a vending machine.
Any person or business entity which violates the provisions of this
section is guilty of a misdemeanor and, upon conviction thereof,
shall be fined $250: Provided, That an establishment is exempt
from this prohibition if individuals under the age of eighteen
years are not permitted to be in the establishment or if the
establishment is licensed by the alcohol beverage control
commissioner as a Class A licensee. The alcohol beverage control
commissioner shall promulgate rules pursuant to article three,
chapter twenty-nine-a of this code to establish standards for the
location and control of the vending machines in Class A licensed
establishments for the purpose of restricting access by minors.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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