No person shall sell or distribute any tobacco products, rolling
papers. alternative nicotine products or vapor products to any minor,
except that this Section shall not apply to the distribution by family
members on property that is not open to the public.
[1]
Editor's Note: Ord. No. 4451 also changed the title of this
Article from "Offenses Concerning Tobacco" to "Offenses Concerning
Tobacco, Alternative Nicotine Products or Vapor Products."
[R.O. 2012 §215.620; CC 1992 §13-152; Ord. No. 2068 §2, 9-14-1992; Ord. No. 4451, 7-12-2021]
A.
The
owner of an establishment at which tobacco products, rolling papers,
alternative nicotine products or vapor products are sold at retail
or through vending machines shall cause to be prominently displayed
in a conspicuous place at every display from which tobacco products
are sold and on every vending machine where tobacco products are purchased
a sign that shall:
1.
Contain in red lettering at least one-half (½) inch high on
a white background the following: "It is a violation of State law
for cigarettes or other tobacco products to be sold to any person
under the age of eighteen"; and
2.
Include a depiction of a pack of cigarettes at least two (2) inches
high defaced by a red diagonal diameter of a surrounding red circle
and the words "under 18".
[R.O. 2012 §215.630; CC 1992 §13-153; Ord. No. 2068 §3, 9-14-1992; Ord. No. 4451, 7-12-2021]
A person selling tobacco products, rolling papers, alternative
nicotine products or vapor products or distributing tobacco product
samples shall require proof of age from a prospective purchaser or
recipient if an ordinary person would conclude on the basis of appearance
that such prospective purchaser or recipient may be under the age
of eighteen (18). Reasonable reliance on proof of age or on the appearance
of the purchaser or recipient shall be a defense to any action for
a violation of this Article.
[R.O. 2012 §215.640; CC 1992 §13-154; Ord. No. 2068 §4, 9-14-1992]
A.
If a sale is made by an employee of the owner of an establishment in violation of this Article, the employee shall be guilty of an offense established in Section 215.610.
B.
If a vending machine is in violation of the sign required by Section 215.620, the owner of the establishment shall be guilty of an offense under this Article.
C.
If
a sample is distributed by an employee of a company conducting the
sampling, such employee shall be guilty of an offense under this Article.
[R.O. 2012 §215.650; CC 1992 §13-155; Ord. No. 2068 §5, 9-14-1992]
[R.O. 2012 §215.660; CC 1992 §13-156; Ord. No. 2068 §6, 9-14-1992]
No person shall be liable for more than one (1) violation of
this Article on any single day.
