2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 12 - Offenses Against Public Health and Morals
Article 7 - Sale or Distribution To, or Possession By, Minors of Cigarettes and Tobacco Related Objects
§ 16-12-173. Sales From Vending Machines

1. 1. Any person that maintains in such person's place of business a vending machine which dispenses cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products shall place or cause to be placed in a conspicuous place on such vending machine a sign containing the following statement:

      "THE PURCHASE OF CIGARETTES, TOBACCO PRODUCTS, TOBACCO RELATED OBJECTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS FROM THIS VENDING MACHINE BY ANY INDIVIDUAL UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW."

   2. Any person that maintains in such person's place of business a vending machine which dispenses cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products shall not dispense any other type of product, other than matches, in such vending machine.
2. Any person that fails to comply with the requirements of subsection (a) of this Code section shall be guilty of a misdemeanor; provided, however, that for a first offense, the sentence shall be a fine not to exceed $300.00.
3. It shall be a violation of subsection (a) of Code Section 16-12-171 for any person knowingly to allow an individual under the age of 21 years to operate a vending machine which dispenses cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products.
4. The offenses provided for by paragraph (1) of subsection (b) of Code Section 16-12-171 shall apply to the operation by an individual under the age of 21 years of a vending machine which dispenses cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products.
5. 1. The sale or offering for sale of cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products from vending machines shall not be permitted except:
      1. In locations which are not readily accessible to individuals under the age of 21 years, including, but not limited to:
         1. Factories, businesses, offices, and other places which are not open to the general public;
         2. Places open to the general public which do not admit individuals under the age of 21 years; and
         3. Places where alcoholic beverages are offered for sale;
      2. In areas which are in the immediate vicinity, in plain view, and under the continuous supervision of the proprietor of the establishment or an employee who will observe the purchase of cigarettes, tobacco products, tobacco related objects, alternative nicotine products, and vapor products from the vending machine; and
      3. In rest areas adjacent to roads and highways of the state.
   2. Violation of this subsection shall be punished as provided in subsection (b) of this Code section.

(Code 1981, §16-12-173, enacted by Ga. L. 1987, p. 945, § 1; Ga. L. 1993, p. 343, § 4; Ga. L. 2007, p. 497, § 2/SB 95; Ga. L. 2014, p. 130, § 4/HB 251; Ga. L. 2020, p. 257, § 1/SB 375.)

The 2020 amendment, effective July 22, 2020, substituted "Any person that" for "Any person who" twice in subsection (a) and once in subsection (b); substituted "ANY INDIVIDUAL UNDER 21 YEARS" for "ANY PERSON UNDER 18 YEARS" in paragraph (a)(1); inserted "that" in the proviso of subsection (b); substituted "an individual under the age of 21 years" for "a minor" in subsections (c) and (d); substituted "individuals under the age of 21 years" for "minors" in subparagraph (e)(1)(A) and division (e)(1)(A)(ii); inserted "in" in subparagraph (e)(1)(B); and deleted "for violation of subsection (a) of this Code section" following "section" at the end of paragraph (e)(2).