WTOC, Savannah, Georgia, news, weather and sports | Questions surround legality of cigarette machines
Member Center:
SAVANNAH, GA (WTOC) - Are cigarettes being sold illegally in Savannah bars and restaurants? New FDA guidelines went into effect July for cigarette packaging, but are the machines illegal?
Several bars say ATF officers made stops at the establishments Thursday night, and informed them cigarette machines were illegal as of July 1, but they were not enforcing the law yet.
However, there seems to be mass confusion on the end of the enforcement agencies, both state and federal, and the law may not ban cigarette machines after all.
Jeff Miles manages Pour Larry's in City Market. He says Thursday night, an ATF agent came in, checked his license and told him the cigarrette machine they had was illegal. It was news to him.
Several other bars tell WTOC the same thing happened to them that evening, however those bars do not serve anyone under 21. They were also told there would be no immediate enforcment of the law, but Miles would have liked a heads up.
"They should have at least sent something out a couple weeks prior saying this is the law, it's going to be changing, but not until he walked in last night," Miles said. "He just said to check into it because it was illegal for me to have it in the bar."
However, here's the twist. I spoke to both state and federal officials today who say the other agency is responsible for enforcement, and neither was clear on the what the new law actually says. But, WTOC has the law, read it here. It turns out, cigarette machines are not totally illegal.
Attorney Les Schnyder in Atlanta represents local vender, Amusement Services. He says the law does not ban cigarette machines from establishments who only allow patrons 21 and up.
As for other businesses who allow minors, he says the law asks for the machines to be moved behnd the bar, not allowing self-service, and someone would have to ask for a pack of cigarettes, have the bartender get the cigarettes, check ID, and then approve the purchase.
Miles says Pour Larry's only allows 21 and over, with no exceptions, and is hoping they won't have to get rid of their cigarette machine.
