This chapter is enacted pursuant to the authority in NMSA 1978,
section 4-37-1 (1975) (as amended) to make and publish any ordinance
to discharge the powers not inconsistent with statutory or constitutional
limitations placed on counties and to exercise powers that are necessary
and proper to provide for the safety, preserve the health, promote
the prosperity and improve the morals, order, comfort and convenience
of the county’s inhabitants, and NMSA 1978, section 437-3 (1993)
(as amended) which permits prosecution of violations of county ordinances
in any court of competent jurisdiction. This chapter is also enacted
pursuant to NMSA 1978, section 30-49-1 et seq., which authorizes the
county to enact an ordinance on regulating the sale and distribution
of tobacco products intended for smoking.
(Ordinance 2014-02 adopted 2/25/14)
Any product containing or delivering nicotine or any substance
intended for human consumption that can be used by a person to simulate
smoking through inhalation of vapor or aerosol from the product. E-cigarette
includes any component part of such product whether or not sold separately.
E-cigarette does not include any product that has been approved by
the United States Food and Drug Administration for sale as a tobacco
cessation product and is being marketed and sold solely for the approved
purpose.
An individual who is less than eighteen years of age.
A display to which the public has access without the assistance
of the seller or the seller’s employee.
(Ordinance 2014-02 adopted 2/25/14)
A person, firm, corporation, partnership or other entity engaged
in the retail sale of tobacco products shall obtain and display signs
prominently in the place where tobacco products are sold and where
a tobacco product vending machine is located. The signs shall reads
as follows:
(1)
A person
less than 18 years of age who purchases a tobacco or e-cigarette product
is subject to a fine of up to $300.00;
(2)
A person
who sells a tobacco or e-cigarette product to a person less than 18
years of age is subject to a fine of up to $300.00.
(Ordinance 2014-02 adopted 2/25/14)
(A)
No
person shall knowingly sell, offer to sell, barter or give any tobacco
product to a minor.
(B)
No
person shall sell, offer to sell or deliver a tobacco product in a
form other than an original factory-sealed package.
(C)
No
person shall sell a tobacco product to a person who is unable to produce
an identity card as evidence that the person is eighteen years of
age or over, unless the person appears without reasonable doubt to
be over the age of eighteen. Any person selling goods at retail or
wholesale may refuse to sell tobacco products to any person who is
unable to produce an identity card as evidence that the individual
is eighteen years of age or over.
(Ordinance 2014-02 adopted 2/25/14)
No person who owns, operates or manages a business where tobacco
products are sold, nor any person who sells or offers for sale tobacco
products, shall:
(1)
Sell,
permit to be sold, offer for sale, display for sale, or store any
tobacco product by means other then vendor assisted sales;
(2)
Maintain
any devices that automatically dispense tobacco products, except that
tobacco products may be sold by vending machines in the following
locations:
(a)
In locations not held open to the public, including controlled areas
within factories, businesses and offices;
(b)
In locations in which the vending machine is equipped with a remote-controlled
lock-out device; or
(c)
In age-controlled locations where minors are not permitted unless
accompanied by a parent or guardian.
(3)
An
owner of a device that violates this provision shall remove said device
within three months of the effective date of this chapter.
(Ordinance 2014-02 adopted 2/25/14)
It shall be unlawful for any person to engage in distributing
free samples of a tobacco product to a person under 18 years of age,
except that this provision shall not apply to an individual who provides
free samples of tobacco products to a family member or to an acquaintance
on private property not held open to the public.
(Ordinance 2014-02 adopted 2/25/14)
(A)
No
person under the age of eighteen (18) years of age shall procure or
attempt to procure any tobacco product for his/her own use or for
use by any other minor.
(B)
No
minor shall present any written, printed or photostatic evidence of
age or identity that is false for the purpose of procuring or attempting
to procure any tobacco products.
(Ordinance 2014-02 adopted 2/25/14)
Evidence of the age and identity of the person may be shown
by any document that contains a picture of the person issued by a
federal, state, county or municipal government, including a motor
vehicle driver’s license or an identification card issued to
a member of the armed forces.
(Ordinance 2014-02 adopted 2/25/14)
All provisions of this chapter governing tobacco products shall
also govern e-cigarettes and the liquid utilized in e-cigarettes.
(Ordinance 2014-02 adopted 2/25/14)
(A)
A violation
of any of the provisions of this chapter by any person over the age
of eighteen (18) years shall be punishable by a fine of up to three
hundred dollars ($300.00), imprisonment of up to ninety days, or both
a fine and imprisonment.
(B)
A violation
of this chapter by any person under the age of eighteen (18) years
shall be punished by a fine not to exceed one hundred dollars ($100.00),
forty-eight (48) hours of community service or both a fine and community
service.
(Ordinance 2014-02 adopted 2/25/14)
