[Ord. No. 2001-7, 12-10-2001]
As used in this Chapter the following terms shall have these
prescribed meanings:
A driver's license or other documentary or written evidence
that the individual is eighteen (18) years of age or older.
A tobacco product distributed to members of the general public
at no charge for purposes of promoting the product.
The distribution of samples to members of the general public
in a public place.
Any substance containing tobacco leaf, including, but not
limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco
or dipping tobacco.
Any mechanical, electric or electronic, self-service device
which, upon insertion of money, tokens or any other form of payment,
dispenses tobacco products.
[Ord. No. 2001-7, 12-10-2001]
A.
It
shall be unlawful for any person to give, barter, sell, cause to be
sold, buy for, distribute samples of or furnish tobacco in any of
its forms, or cigarette papers, to any person under eighteen (18)
years of age.
B.
It
shall be unlawful for any individual under the age of eighteen (18)
years to purchase, possess, accept receipt of or attempt to purchase
or accept receipt of tobacco products or to present or offer to any
person purported proof of age that is false, fraudulent or not actually
his or her own for the purpose of purchasing, possession or receiving
any tobacco product.
[Ord. No. 2001-7, 12-10-2001]
A person selling or distributing tobacco products shall require
proof of age from any prospective purchaser or recipient unless such
person has reasonable and certain knowledge of the prospective purchaser
or recipient is eighteen (18) years of age or older.
[Ord. No. 2001-7, 12-10-2001]
A.
No
person shall sell tobacco products in the City of Seneca through a
vending machine unless the vending machine is located:
1.
In areas of factories, businesses or other places that are not open
to the public;
2.
In places that are open to the public, but persons under the age
of eighteen (18) years are denied access;
3.
In other places, but only if the machine:
a.
Is under the continuous active supervision of the owner or lessee
of the premises or employee thereof; or
b.
Can be operated only by the activation of an electronic switch by
the owner or lessee of the premises or employee thereof prior to such
purchases; and
c.
Is inaccessible to the public when the establishment is closed.
4.
In any place where continuous active supervision of a vending machine, or activation of an electronic switch, is required by Subsection (3) of this Section, the person responsible for that supervision or the activation of the switch shall demand proof of age from a prospective purchaser unless such person has reasonable and certain knowledge to believe the prospective purchaser is eighteen (18) years of age or older.
[Ord. No. 2001-7, 12-10-2001]
If a sale is made in violation of this Chapter by the employee
of the owner of a retail establishment in which tobacco products are
sold, both the employee and the owner shall be guilty of the violation
and be subject to the fine. If the sale is made through a vending
machine, the owner of the establishment where the machine is located
shall be guilty of the violation and be subject to the fine; provided
however, that if the proprietor has made an employee responsible for
supervising the machine, such employee shall also be guilty of the
violation and be subject to the fine.
[Ord. No. 2001-7, 12-10-2001]
A.
It
shall be unlawful for any person to distribute tobacco products samples
in or on any public street, sidewalk or park that is within five hundred
(500) feet of any playground, school or other facility when the facility
is being used primarily by persons under the age of eighteen (18)
years.
B.
A person
engaged in sampling shall demand proof of age from a prospective recipient
if such person has reason to believe that the prospective recipient
is under the age of eighteen (18) years.
C.
It
shall be unlawful for any licensee or any person in the business of
selling or otherwise distributing, promoting or advertising tobacco
products, or any employee or agent of any such licensee or person,
in the course of such licensee's or person's business, to distribute,
give away or deliver tobacco products free of charge to any person
on any public right-of-way, park, playground or other property owned
by the City of Seneca.
[Ord. No. 2001-7, 12-10-2001]
No person shall sell cigarettes individually nor shall any person
hold any tobacco products for sale other than in an unopened package
originating with the manufacturer that bears the health warning required
by Federal law.
[Ord. No. 2001-7, 12-10-2001]
Except as otherwise provided in this Chapter, every person who
shall be convicted of any violation of this Chapter shall be fined
no more than one hundred fifty dollars ($150.00) for the first (1st)
such conviction; not more than two hundred fifty dollars ($250.00)
for the second (2nd) such conviction; and not more than five hundred
dollars ($500.00) for any subsequent conviction.
