[Ord. No. 3035-19, 5-20-2019]
As used in this Article, the following terms shall have the
meanings indicated:
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
drugs, devices, or combination products authorized for sale as a cessation
product by the United States Food and Drug Administration, as those
terms are defined in the Federal Food, Drug and Cosmetic Act.
To sell, or attempt to do so, whether gratuitously or for
any type of compensation.
A person who sells a tobacco product.
Any device that can be used to deliver aerosolized or vaporized
nicotine or any other substance to the person inhaling from the device,
including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape
pen or e-hookah." Electronic smoking device" includes any component,
part, or accessory of such a device, whether or not sold separately,
and includes any substance intended to be aerosolized or vaporized
during the use of the device. Electronic smoking device does not include
drugs, devices, or combination products authorized for sale as a cessation
device by the United States Food and Drug Administration, as those
terms are defined in the Federal Food, Drug and Cosmetic Act.
Any natural person, partnership, joint venture, society,
club, trustee, trust, association, organization, or corporation, or
any officer, agent, employee, factor, or any other personal representative
thereof, in any capacity.
A driver's license or other government issued means of identification
that contains a picture and the age of the individual and appears
on its face to be valid.
Any person who obtains or attempts to obtain a tobacco product.
Any product that is made from or derived from tobacco, and
is intended for human consumption or is likely to be consumed, whether
smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by
any other means, including, but not limited to, a cigarette, a cigar,
pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking
device. The term includes any component or accessory used in the consumption
of a tobacco product, such as filters, rolling papers, pipes, or liquids
used in electronic smoking devices. Tobacco product does not include
drugs, devices, or combination products authorized for sale by the
United States Food and Drug Administration, as those terms are defined
in the Federal Food, Drug and Cosmetic Act.
Any non-combustible product that employs a heating element,
power source, electronic circuit, or other electronic, chemical of
mechanical means, regardless of shape or size, that can be used to
produce vapor from a solution or other form that may or may not contain
nicotine. Vapor product includes an electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe or similar product or
device and any vapor cartridge or 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.
[Ord. No. 3035-19, 5-20-2019]
It shall be unlawful for any distributor to give, sell or otherwise
distribute any tobacco, alternative nicotine, or vapor product to
a person under the age of twenty-one (21).
[Ord. No. 3035-19, 5-20-2019]
It shall be unlawful for any distributor to give, sell or otherwise
distribute any tobacco, alternative nicotine, or vapor product to
any person without first verifying, via a photo identification such
as a driver's license, that the person is twenty-one (21) years of
age or older. No such verification is required for a person over the
age of thirty (30). That a recipient appeared to be thirty (30) years
of age or older shall not constitute a defense to a violation of this
Section.
[Ord. No. 3035-19, 5-20-2019]
It shall be unlawful for any distributor to give, sell or otherwise
distribute any tobacco, alternative nicotine, or vapor product in
any place that does not have posted in a conspicuous place a sign
stating that giving, selling, or otherwise distributing cigarettes,
cigarette wrappers, tobacco, alternative nicotine products, vapor
products or any other tobacco products to a person under twenty-one
(21) years of age is prohibited by law.
[Ord. No. 3035-19, 5-20-2019]
[Ord. No. 3035-19, 5-20-2019]
The City of Smithville or its authorized designee may conduct
random, unannounced inspections at locations where tobacco products
are sold to test and ensure compliance with this Article.
[Ord. No. 3035-19, 5-20-2019]
In General. Any individual, firm, partnership, joint venture,
association, joint stock company, corporation, unincorporated business
entity, or any other group or combination acting as a unit that owns
or operates any location where tobacco products, alternative nicotine
products, or vapor products are sold who directly violates, or whose
agent or employee violates this Article, shall be subject to a fine
of no less than one hundred dollars ($100.00) for the first offense,
no less than two hundred fifty dollars ($250.00) for the second offense,
and no less than five hundred dollars ($500.00) for each offense thereafter.
Each violation, and every day in which a violation occurs, shall constitute
a separate violation.
[Ord. No. 3035-19, 5-20-2019]
A.
The penalties in this Article do not apply to a person younger than
twenty-one (21) years old who purchases or attempts to purchase tobacco
products, alternative nicotine products, or vapor products while under
the direct supervision of City of Smithville staff for training, education,
research, or enforcement purposes.
B.
Nothing in this Article prohibits an underage person from handling
tobacco products, alternative nicotine products, or vapor products
in the course of lawful employment.
C.
It shall be an affirmative defense to a violation of this Article
for a person to have reasonably relied on proof of age as described
by State law.
D.
This Article shall be liberally construed so as to further its purposes.
The provisions of this Section are hereby declared severable, and
if any provision, clause, sentence, or paragraph of this Section or
the application thereof to any person or circumstances held by a court
of competent jurisdiction to be unconstitutional or otherwise invalid,
such a ruling shall not affect the other parts of this Section that
can be given effect.
E.
If any provision of this Article, or the application thereof to any
person or circumstance, is held invalid, such invalidity shall not
affect any other provision of this Article that can be given effect
without the invalid provision or application. Each invalid provision
or application of this Article is severable.
