[§328J‑16]  Cigarette salesfrom vending machines and by lunch wagons prohibited.  (a)  The sale ordistribution at no charge of cigarettes by the following methods is prohibited:

(1)  From cigarette vending machines unless thevending machine is located in a bar, cabaret, or any establishment for whichthe minimum age for admission is eighteen; or

(2)  From a lunch wagon engaging in any sales activitywithin one thousand feet of any public or private elementary or secondaryschool grounds.

(b)  Violations of subsection (a), includingplacement of a cigarette vending machine in a location other than a bar,cabaret, or any establishment for which the minimum age for admission iseighteen, are subject to a fine of up to $1,000 per day for each violation.

(c)  As used in this section:

"Cigarette vending machine" means aself-service device that dispenses cigarettes, cigars, tobacco, or any otherproduct containing tobacco.

"Lunch wagon" means a mobile vehicledesigned and constructed to transport food and from which food is sold to thegeneral public and includes but is not limited to manapua trucks.

"Sell" or "sale" means tosolicit and receive an order for; to have, keep, offer, or expose for sale; todeliver for value or in any other manner than purely gratuitously; to peddle;to keep with intent to sell; or to traffic in. [L 2006, c 295, pt of §2]