[Ord. No. 386 §1, 10-5-1992]
No person shall sell or distribute any tobacco product or rolling
papers 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.
[Ord. No. 386 §2, 10-5-1992]
A. The
owner of an establishment at which tobacco products or rolling papers
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 (18); 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".
[Ord. No. 386 §3, 10-5-1992]
A person selling tobacco products or rolling papers or distributing
tobacco product samples shall require proof of age from a prospective
purchaser or recipient if any 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 Chapter.
[Ord. No. 386 §4, 10-5-1992]
If a sale is made by an employee of the owner shall be guilty of an offense established in Section
260.010 of this Chapter. If a vending machine is in violation of the sign required by Section
260.020 of this Chapter, the owner of the establishment shall be guilty of an offense under this Chapter. If a sample is distributed by an employee of a company conducting the sampling, such employee shall be guilty of an offense under this Chapter.
[Ord. No. 386 §5, 10-5-1992]
A. Any
person who violates this Chapter shall be fined:
1. For the first offense: $25.00.
2. For the second offense: $100.00.
3. For a third offense and subsequent offense: $250.00.
[Ord. No. 386 §6, 10-5-1992]
No person shall be liable for more than one (1) violation of
this Chapter on any single day.