[1]
Editor's Note: The Federal Further Consolidated Appropriations Act, 2020, PL 116-94, adopted 12-20-2019, raises the minimum age to buy tobacco products from 18 to 21.
[Ord. No. 05-03-2019,[1] 5-20-2019]
A. 
Definitions. As used in this Section, the following terms shall have the meanings given in this Subsection:
ALTERNATIVE NICOTINE PRODUCT
Any non-combustible product containing nicotine that is intended for human consumption by any means. This shall 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.[2]
DISTRIBUTE
A conveyance to the public by sale, barter, gift, or sample.
PROOF OF AGE
A driver's license or other generally accepted means of identification that contains a picture of the individual and the individual's date of birth so long as the identification appears on its face to be reasonably valid and unaltered.
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 of samples to the general public.
TOBACCO PRODUCT
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 mechanic 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 a electron cigarette or aforementioned 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.
[2]
Editor's Note: See 21 U.S.C. § 351 et seq.
B. 
No person shall distribute or provide a sampling of any tobacco product, vapor product, or alternative nicotine product to any person who is less than twenty-one (21) years of age.
C. 
Any person who distributes or provides a sampling of any tobacco product, vapor product, or alternative nicotine product shall require proof of age from the person who is receiving or purchasing the product to ensure that the receiver or purchaser is at least twenty-one (21) years of age.
D. 
No person, business, organization, or other entity shall distribute, or allow to be distributed, by means of a vending machine any tobacco product, vapor product, or alternative nicotine product to any person who is less than twenty-one (21) years of age. Each vending machine shall have a person on the premises where the vending machine is located, assigned to request proof of age prior to distribution.
E. 
Proof of age shall only be required if an ordinary person would conclude based on appearance that the person receiving or attempting to purchase the product is less than twenty-one (21) years of age. Reasonable reliance on proof of age identification shall be a defense to any violation of this Section.
F. 
Penalty. Any person found guilty of a violation of this Section shall be subject to a fine of up to five hundred dollars ($500.00) and/or to incarceration for a term not to exceed ninety (90) days.
[1]
Editor's Note: This ordinance was passed in an election on November 5, 2019.