The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
CHEWING TOBACCO
Loose tobacco or a flat, compressed, cake of tobacco that
is inserted into the mouth to be chewed or sucked.
CIGARETTE
Any product that contains nicotine, is intended to be burned
under ordinary conditions of use, and consists of:
A.
Any tobacco roll of tobacco wrapped in paper or in any substance
not containing tobacco; or
B.
Any roll of tobacco wrapped in any substance containing tobacco that, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in Subsection
A of this definition.
PACKAGE
A pack, box, carton, or container of any kind in which cigarettes,
smokeless tobacco or other smokeless tobacco products are offered
for sale, sold or otherwise distributed to consumers.
POINT OF SALE
Any location at which a consumer may purchase or otherwise
obtain cigarettes, smokeless tobacco or other tobacco product for
personal consumption.
RETAILER
Any person who sells cigarettes, smokeless tobacco or other tobacco products to individuals for personal consumption, or who operates a facility where vending machines or self-service displays are permitted under §
285-65E.
SMOKELESS TOBACCO
Any product that consists of cut, ground, powdered, or leaf
tobacco that contains nicotine and that is intended to be placed in
the oral cavity or consumed by means other than smoking.
TOBACCO PRODUCT
A preparation of tobacco to be smoked, inhaled, chewed, or
placed in a person's mouth, including by way of example and not limitation,
cigarettes, cigars, chewing tobacco, tobacco snuff, smokeless tobacco,
or noncigarette smoking tobacco.
TOBACCO SNUFF
Shredded, powered, or pulverized tobacco that may be inhaled
through the nostrils, chewed or placed against the gums.
USE OF A TOBACCO PRODUCT
Any of the following:
A.
The carrying by a person of a lighted cigar, cigarette, pipe,
or other lighted smoking device.
B.
The inhaling or chewing of a tobacco product.
C.
The placing of a tobacco product within a person's mouth.
It shall be unlawful for a person under 18 years of age to possess
or use a tobacco product in a public place generally open to the public.
A person who violates this section is responsible for a civil infraction,
punishable by fines, costs, community service and, counseling as set
forth in this section. Pursuant to a court order, the court may require
a person who violates this section to participate in a health promotion
and a risk reduction assessment program, if available. A person who
is ordered to participate in a health promotion and risk reduction
assessment program under this section is responsible for the cost
for participating in the program. In addition, a person who violates
this section is subject to the following:
A. For the first violation, a fine of not more than $50 and the court
may order the person to do one of the following:
(1) Perform not more than 16 hours of community service in a hospice,
nursing home, or long-term care facility.
(2) Participate in a health promotion and risk reduction program, as
described in this subsection.
B. For a second violation, a fine of not more than $100 and, in addition
to participation in a health promotion and risk reduction program,
the court may order the person to perform not more than 32 hours of
community service in a hospice, nursing home or long-term care facility.
C. For a third or subsequent violation, a fine of not more than $200
and, in addition to participation in a health promotion and risk reduction
program, the court may order the person to perform not more than 48
hours of community service in a hospice, nursing home or long-term care facility.
It shall be unlawful for any person to sell, give or furnish
a tobacco product to a person who is less than 18 years of age, or
to fail to make diligent inquiry as to whether the person is less
than 18 years of age. In an action for the violation of this section,
proof that the defendant demanded and was shown, before furnishing
tobacco to a person under 18 years of age, a motor vehicle operator's
license or other bona fide photographic identification showing the
age and identity of that person, shall be a defense.
It shall be unlawful for any person to furnish fraudulent or
false identification to a person less than 18 years of age, or for
a person less than 18 years of age to use fraudulent or false identification
to purchase or obtain any cigarette, cigar, chewing tobacco, tobacco
snuff, or tobacco product in any other form.
No outdoor advertising, or advertising visible from outdoors,
for a tobacco product, including billboards, signs, posters, placards,
window signs or banners, may be placed within 1,000 feet of the perimeter
property lines of a public playground or playground area in a public
park, elementary school or secondary school.