For purposes of this Article, the following definitions shall
apply:
ALTERNATIVE NICOTINE PRODUCT
Any non-combustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved or ingested by any other means. "Alternative nicotine product" does not include any vapor product, tobacco product or any product regulated as a drug or device by the United States Food and Drug Administration under Chapter
V of the Food, Drug and Cosmetic Act.
CENTER OF YOUTH ACTIVITIES
Any playground, school or other facility, when such facility
is being used primarily by persons under the age of eighteen (18)
for recreational, educational or other purposes.
DISTRIBUTE
A conveyance to the public by sale, barter, gift or sample.
MINOR
A person under the age of eighteen (18).
PROOF OF AGE
A driver's license or other generally accepted means of identification
that contains a picture of the individual and appears on its face
to be valid.
ROLLING PAPERS
Paper designed, manufactured, marketed or sold for use primarily
as a wrapping or enclosure for tobacco which enables a person to roll
loose tobacco into a smokeable cigarette.
SAMPLE
A tobacco product, alternative nicotine product or vapor
product distributed to members of the general public at no cost or
at nominal cost for product promotional purposes.
SAMPLING
The distribution to members of the general public of tobacco
product, alternative nicotine product or vapor product samples.
TOBACCO PRODUCTS
Any substance containing tobacco leaf including, but not
limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco
or dipping tobacco, but does not include alternative nicotine products
or vapor products.
VAPOR PRODUCT
Any non-combustible product containing nicotine that employs
a heating element, power source, electronic circuit or other electronic,
chemical or mechanical means, regardless of shape or size, that can
be used to produce vapor from nicotine in a solution or other form.
"Vapor product" includes any electronic cigarette, electronic cigar,
electronic cigarillo, electronic pipe or similar product or device
and any vapor cartridge or other container of nicotine in a solution
or other form that is intended to be used with or in an electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe
or similar product or device. "Vapor product" does not include any
alternative nicotine product or tobacco product.
VENDING MACHINE
Any mechanical, electric or electronic self-service device
which, upon insertion of money, tokens or any other form of payment,
dispenses tobacco products, alternative nicotine products or vapor
products.
No person shall sell cigarettes, tobacco products, alternative
nicotine products or vapor products unless the person has a retail
sales tax license.
[Ord. No. 1925, 7-19-2021]
A. Smoking
Prohibited In City Buildings, Vehicles, And On City Property. It shall
be unlawful for any person to use lighted smoking materials in any
form, including, but not limited to, cigarettes, e-cigarettes, cigars,
pipes, vaping products, or tobacco products within any City-owned
building or structures, within any City-owned motor vehicle, or on
any City-owned property, except in areas designated by the City for
use of such products.
B. Penalty. Any person violating the provisions of this Article shall be guilty of an infraction and shall be subject to penalty as provided in Section
100.220 of this Code.