[Ord. 2019-897, 6-17-2019, eff. 7-1-2019]
(A)Â
Providing Tobacco Products And Alternative Nicotine Products To A
Minor: It shall be unlawful for any person, whether acting individually,
or as an owner, officer, employee or agent of, or on behalf of, any
person to sell, buy for, distribute samples of, furnish, exchange
or give away any tobacco or alternative nicotine products in any form
to any individual under the age of 21 years.
(B)Â
Verification: Before selling, offering for sale, giving, or furnishing
tobacco or alternative nicotine products, or any cartridge or component
of tobacco or alternative nicotine products, to another person, the
person selling, offering for sale, giving, or furnishing the products
shall verify that the person is at least 21 years of age by:
1.Â
Examining from any person that appears to be under 27 years of age
a government-issued photographic identification that establishes the
person is at least 21 years of age; or
2.Â
For sales made through the internet or other remote sales methods,
performing an age verification through an independent, third-party
age verification service that compares information available from
public records to the personal information entered by the person during
the ordering process that establishes the person is 21 years of age
or older.
(C)Â
Possession Of Tobacco Products And Alternative Nicotine Products
By A Minor: No individual under the age of 21 years of age shall have
in his or her possession or use any tobacco product or alternative
nicotine product in any of its forms. It shall not be a violation
of this section for any such person to have in his or her possession
or use of any tobacco products or alternative nicotine products while
in the presence of his or her parents or legal guardian, or in the
performance of a religious ceremony.
[Ord. 2019-894, 3-18-2019]
The following definitions shall apply to the interpretation
and enforcement of this chapter:
Product or device, such as a "e-cig", "vapes" or other device
not consisting of or containing tobacco that provides for the ingestion
into the body of nicotine, whether by chewing, smoking, absorbing,
dissolving, inhaling, snorting, sniffing, or by any other means. "Alternative
nicotine product" excludes cigarettes, smokeless tobacco or other
tobacco products as these terms are defined in this section. Any product
approved by the United States Food and Drug Administration as a non-tobacco
product for sale as a tobacco cessation product, as a tobacco dependence
product, or for other medical purposes, and is being marketed and
sold solely for that approved purpose.
To knowingly have upon one's person or to have in close
physical proximity.
Cigarettes, cigars, any smokeless tobacco, which means tobacco
in any form which is suitable for dipping or chewing, or tobacco in
any form.
Chewing, smoking, absorbing, dissolving, inhaling, snorting,
sniffing, or by any other means.
[Ord. 2019-894, 3-18-2019]
(A)Â
Providing Tobacco Products Or Alternative Nicotine Products To A Minor: A violation of Subsection 3-15-1(A) of this chapter is a petty offense and shall be punishable by a fine not to exceed $50 for a first offense and a fine not to exceed $400 for a second or any subsequent offense.
(B)Â
Possession Of Tobacco Products Or Alternative Nicotine Products By A Minor: A violation of Subsection 3-15-1(C) of this chapter is a petty offense and may be punishable by a fine not to exceed $25 for a first or second offense and a fine not to exceed $100 for a third or subsequent offense. In addition to or in lieu of a fine or any other penalty assessed upon a finding of guilt, admission of guilt or admission of the commission of a first offense, the court, City Attorney or City Juvenile Officer may require the minor, as a final disposition, to participate in a tobacco education awareness program established by the City and modified in such manner as the Administrators of such program may decide. However, any non-fine disposition must be subsequently completed by the offender as deemed appropriate by the City Attorney or a court of competent jurisdiction, or a fine shall be assessed pursuant to this subsection.
(C)Â
Special Fund: One-half of all fines and penalties received under
Subsections (A) and (B) of this section shall be placed in a special
fund. The fund shall be used as directed by the City Council from
time to time for the prevention of tobacco and tobacco abuse by minors
and others within the City. The remaining 1/2 of said monies shall
be deposited in the City's Police Fund.
[Ord. 2019-894, 3-18-2019]
The observation of a violation of Subsection 3-15-1(C) of this chapter shall not constitute the sole reason for law enforcement authorities to stop a motor vehicle in which an alleged offender is a driver or passenger.
[Ord. 441, 7-21-1997]
If any section, paragraph, clause or provision of this chapter
or the application therefor to any person or circumstance is held
invalid by a court of competent jurisdiction, the remainder of this
chapter or the application of such sections, paragraph, clauses or
provisions to person or circumstances other than those to which it
is held invalid shall not be affected hereby.
