Continental Industries, Inc. v. Erbe

(dissenting) — I do not share the majority view that it is clear the legislature in enacting Code section 98.36(6) had in mind only the prohibition in section 98.2 against sale of cigarettes to minors.

Nor do I agree “the legislature by using the term ‘vending machine’ clearly referred to the wholly automatic type of machine.”

Section 98.36(6) provides: “It shall be unlawful to sell or vend cigarettes by means of a device known as a vending machine.” I find nothing doubtful or obscure in meaning in this language. If the legislature clearly referred only to the *695wholly automatic type of machine…