[Adopted as Ch. 32, §§ 32.11 and 32.12, of
the 1998 Code]
As used in this article, the following terms shall have the
meanings indicated:
CIGARETTE VENDING MACHINE
Any device or machine designed to mechanically sell or vend
cigarettes which is operated by the insertion or deposit therein of
a coin or coins.
[Amended by Ord. No. 04-06-15A]
It shall be unlawful to maintain for the use of patrons of any
hotel, store, tavern, place of amusement, restaurant, gasoline service
station or other place of business, or for the use of the public,
a cigarette vending machine without a license therefor. The annual
fee for such license shall be set from time to time by the City Council.
[Amended by Ord. No. 04-06-15A]
Any person violating this article shall be fined as set forth in Chapter
1, Article
III, Penalties and Enforcement, of the City Code.
[Adopted by Ord. No. 05-06-96 (Ch. 42, § 42.56, of the 1998 Code)]
As used in this article, the following terms shall have the
meanings indicated:
ELECTRONIC SMOKING DEVICE
An electronic and/or battery operated device, the use of
which may resemble smoking, which can be used to deliver an inhaled
dose of nicotine or other substances. "Electronic smoking device"
includes any such device, whether manufactured, distributed, marketed
or sold as an electronic cigarette, an electronic cigar, an electronic
cigarillo, an electronic pipe, an electronic hookah, hookah pen, vape
pens or any other product name or descriptor.
[Added by Ord. No. 02-18-19]
MINOR
A person who has not yet attained the age of 18 years of
age.
PERSON
Any individual, firm, partnership, corporation, company,
association, joint venture or any employee or agent thereof.
ROLLING PAPER
That paper product customarily used to insert loose tobacco
and, by rolling, make into a cigarette.
SMOKING MATERIALS
Any substance containing either smoking herbs or tobacco
leaf, including, but not limited to, cigarettes, cigars, pipe tobacco,
loose tobacco, snuff, chewing or dipping tobacco, and also includes
rolling paper.
VENDING MACHINE
Any mechanical, electric or electronic self-service device
which, upon insertion of money, tokens or any other form of payment,
dispenses smoking materials.
[Amended by Ord. No. 02-18-19]
A. It shall be unlawful for any person to sell, offer for sale, give
away or deliver smoking material or any electronic smoking device
or electronic smoking materials to any person under the age of 18
years.
B. If any person contemplating the sale or furnishing of smoking materials,
electronic smoking devices or electronic smoking materials believes
or has reason to believe that a sale or delivery of smoking materials,
electronic smoking devices or electronic smoking materials is prohibited
because the prospective recipient is a minor, he or she shall, before
making such sale or delivery, demand presentation of some form of
positive identification containing proof of age.
[Amended by Ord. No. 02-18-19]
It shall be unlawful for any person under the age of 18 years
to purchase smoking materials, electronic smoking devices or electronic
smoking materials, or to misrepresent his or her identity or age,
or to use any false or altered identification for the purpose of purchasing
smoking materials, electronic smoking devices or electronic smoking
materials.
[Amended by Ord. No. 02-18-19]
It shall be unlawful for any person under the age of 18 years
to possess any smoking materials, electronic smoking devices or electronic
smoking materials; provided, however, that the possession by a person
under the age of 18 years under the direct supervision of the parent
or guardian of such person in the privacy of the parent's or
guardian's home shall not be prohibited.
Every act or omission of any nature which constitutes a violation
of any of the provisions of this article by any officer, director,
manager or other agent or employee of any person owning a business
open to the public in the City of Mendota shall be deemed and held
to be the act of such owner; and such owner shall be punishable in
the same manner as if such act or omission had been done or omitted
by the owner personally.
[Amended by Ord. No. 04-06-15A]
Any person found to have violated any provision of this article
shall be fined no more than $200 for the first offense, no more than
$400 for the second offense committed within a twelve-month period,
and no more than $600 for each subsequent occurrence within a twelve-month
period.