No person, firm or corporation shall, in any manner, directly
or indirectly, upon any premises or by any device, sell, exchange,
barter, dispose of or give away, or keep for sale any cigarette, cigarette
paper or cigarette wrappers, or any substitute therefor, without first
obtaining a license as hereinafter provided.
[Amended 10-16-2017 by Ord. No. 9-17-689]
Every person, firm or corporation desiring a license under this
section shall file with the City Clerk a written application therefor,
stating the name of the person and the place for which such license
is desired. Each license shall be filed by the City Clerk and shall
name the licensee and the place wherein licensee is authorized to
conduct such business, and the same shall not be delivered until the
applicant shall pay to the City Clerk a license fee as prescribed
in the City's Fee Schedule.
The Chief of Police or designee within the Police Department
shall make an investigation of the applicant to determine whether
the applicant possesses the qualifications necessary for issuance
of the license under this chapter.
[Amended 10-16-2017 by Ord. No. 9-17-689]
Licenses for the sale, exchange, barter, disposition of, or
giving away or keeping for sale of cigarettes and tobacco products,
cigarette paper or cigarette wrappers or any substitute therefor shall
be issued by the City Clerk. Each license shall be issued on the first
day of July in each year, or thereafter whenever applied for, and
shall continue in force from date of issuance until the succeeding
June 30 unless sooner revoked for any violation of this section.
[Amended 10-16-2017 by Ord. No. 9-17-689]
No person shall sell, exchange, barter, dispose of or give away
any cigarette or tobacco product in any form, cigarette papers or
wrappers to any persons 18 years of age or younger.
[Added 8-6-2018 by Ord. No. 7-18-702]
A. It shall be unlawful for any person to smoke in any educational facility
or outside on the property of any educational facility between the
facility and the public sidewalks.
B. Any person violating this section shall be subject to the general penalty set forth in §
1-4 of the Code.
C. Definitions. In this section, the following terms shall have the
meanings given:
EDUCATIONAL FACILITY
Any building used principally for educational purposes in
which a school is located or a course of instruction or training program
is offered that has been approved or licensed by a state agency or
board.
ELECTRONIC DELIVERY DEVICE
Any product containing or delivering nicotine or any other
substance intended for human consumption that may be used by a person
to simulate smoking through inhalation of vapor or aerosol from the
product. This includes any such device, whether manufactured, distributed,
marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or
vape pen, or any other product name or descriptor.
SMOKE
Burning or holding, or inhaling or exhaling smoke from any
of the following:
(4)
Any other lighted smoking equipment. Smoking also includes the
use of an electronic delivery device which creates an aerosol or vapor,
in any manner or in any form, or the use of any oral smoking device.