[Adopted 4-15-2019]
As used in this article, the following terms shall have the meanings indicated:
RETAILER
Any person or business than owns, operates, or manages any place which tobacco products are sold. The retailer also includes any person or business that is required to purchase a dealer's license under C.G.S. § 12-287. "Retailer" also includes a person whose actions fall within the definition of "sale or sell."
SALE or SELL
Selling, giving, bartering, exchanging, delivering, or otherwise distributing tobacco products, unless the person is delivering or accepting delivery in such person's capacity as an employee. "Sale or sell" also includes offers to sell, barter, or exchange.
SMOKING
Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form. "Smoking" also includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form.
TOBACCO PRODUCT
A. 
Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, snus; and
B. 
Any electronic smoking device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.
C. 
Notwithstanding any provision of Subsections A and B to the contrary, "tobacco product" includes any component, part, or accessory of a tobacco product, whether or not sold separately.
A. 
No retailer or retailer's agent or employee shall give, sell, or otherwise distribute any tobacco product to any person under 21 years of age.
B. 
The person selling any tobacco product shall examine the identification card issued in accordance with the provisions of C.G.S. § 1-1h for anyone who appears to be under the age of 27 and verify proof of age demonstrating the recipient is at least 21 years of age before selling any tobacco product.
(1) 
That a person appeared to be over the age of 21 shall not constitute a defense to a violation of this section. If a person fails to provide such proof of age, such retailer or retailer's agent or employee shall not sell any tobacco product to the person.
A. 
"The Sale of Tobacco or Nicotine Products or Devices to Persons Under 21 is Prohibited" signs shall be legibly printed in letters at least one inch high and shall be posted clearly and conspicuously in every location where the products are available for purchase. Signage shall be in multiple languages as needed to be consistent with other facility postings.
B. 
Selling tobacco products in any place that does not have a sign posted in a conspicuous place to a person under 21 years of age is prohibited by this article and a violation consistent with this article.
A. 
This article shall be enforced by the Meriden Police Department.
B. 
Any City of Meriden agency, or their respective designees, while an establishment is undergoing otherwise mandated inspections, that observes a violation of this article shall forward their complaint to the Meriden Police Department for investigation.
C. 
An owner, manager, operator, or employee of an establishment regulated by this article the responsibility to understand and follow the provision herein.
D. 
Any citizen who desires to register a complaint under this article may initiate enforcement by contacting the Meriden Police Department.
E. 
The Meriden Police Department shall be responsible for conducting or have conducted on its behalf random under-age youth-based, unannounced compliance checks as needed.
The provisions of this Article shall be enforced by citation. The Meriden Police Department shall have the authority to issue warnings and citations for violations pursuant to this article.
A. 
Sign violations. A person who violates the sign requirements of this article shall first be issued a written warning of the violation and have five days to come in to compliance. After receiving a written warning, a violation of the sign requirement shall result in a fine, as follows:
(1) 
$50 for the first offense after notice;
(2) 
$100 for the second offense;
(3) 
$250 for each offense thereafter.
B. 
Sale violation. A person who violates the sale restriction by selling to a person under the age of 21 shall first be issued a written warning. Once a written warning has been issued, subsequent violations shall result in a fine as follows:
(1) 
$100 for the first offense after notice;
(2) 
$250 for the second offense.
The Meriden Department of Health and Human Services shall engage in continuing public health education program to explain and clarify the purposes and requirements of this article to citizens affected by it, and to guide retailers, owners, operators, and managers in their compliance. The program may include publication of a brochure for affected retailers explaining the provisions of article and signage mandated by this article.
The Meriden Police Department is hereby authorized to promulgate rules and regulations to carry out the purpose and intent of this article in order to protect the public health, safety, and welfare.
This article shall be liberally construed so as to further its purposes.
The provisions of this article 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 article that can be given effect.
This article shall take effect upon adoption by the Meriden City Council, with an effective date no later than 180 days from the date of City Council adoption.