[Ord. No. 1357-20, 5-26-2020]
Definitions. 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.
DISTRIBUTE
A conveyance to the public by sale, barter, gift or sample.
MINOR
A person under the age of twenty-one (21).
PERSON
An individual, partnership, copartnership, firm, company,
public or private corporation, association, joint stock company, trust,
estate or any other legal entity which is recognized by law as the
subject of rights and duties.
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. 1357-20, 5-26-2020]
A. The owner of an establishment at which tobacco products, alternative
nicotine products, vapor products, or rolling papers are sold at retail
or through vending machines shall cause to be prominently displayed
in a conspicuous place at every display from which tobacco products,
alternative nicotine products, or vapor products are sold and on every
vending machine where tobacco products, alternative nicotine products,
or vapor products are purchased a sign that shall:
1.
Contain in red lettering at least one-half (1/2) inch high on
a white background the following:
"IT IS A VIOLATION OF STATE LAW FOR CIGARETTES, OTHER TOBACCO
PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS TO BE SOLD
OR OTHERWISE PROVIDED TO ANY PERSON UNDER THE AGE OF TWENTY-ONE OR
FOR SUCH PERSON TO PURCHASE, ATTEMPT TO PURCHASE OR POSSESS CIGARETTES,
OTHER TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS OR VAPOR PRODUCTS";
and
2.
Include a depiction of a pack of cigarettes at least two (2)
inches high defaced by a red diagonal diameter of a surrounding red
circle, and the words "Under 21."