For the purpose of this Article, the following words and phrases shall have the following interpretation and/or meanings indicated below:
DISTRIBUTE or DISTRIBUTION
To furnish, give, provide, or to attempt to do so, whether gratuitously or for any type of compensation.
DISTRIBUTOR
A person who distributes a tobacco product.
ELECTRONIC TOBACCO PRODUCT
Any device that can be used to deliver aerosolized or vaporized nicotine to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah. Electronic smoking device includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
PERSON
Any natural person, partnership, joint venture, society, club, trustee, trust, association, organization, or corporation, or any officer, agent, employee, factor, or any other personal representative thereof, in any capacity.
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.
RECIPIENT
Any person who obtains or attempts to obtain a tobacco product.
SAMPLING
The distribution to members of the general public of tobacco products or electronic tobacco products as a sample.
TOBACCO PRODUCT
Any product that is made from or derived from tobacco, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking and/or vaping device. The term includes any component or accessory used in the consumption of tobacco products, such as filters, rolling papers, pipes, or liquids used in electronic smoking and/or vaping devices. Tobacco product does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act. This is to include a tobacco product distributed to members of the general public at no cost or at nominal cost for product promotional purposes.
A. 
No person shall sell or distribute any tobacco product or electronic tobacco products to anyone under the age of twenty-one (21). This subsection shall not apply to the distribution by family members on property that is not open to the public.
B. 
Upon conviction or a plea of guilty, any person, firm or corporation violating or failing to comply with any of the provisions of this Chapter shall be subject to the penalty provisions provided for in Section 100.220 of the City Code.
C. 
The owner of an establishment at which tobacco products or electronic tobacco products are sold at retail or distributed shall cause to be prominently displayed in a conspicuous place at every display from which tobacco products or electronic tobacco products are sold or distributed a sign that shall contain in lettering at least one-half inch high on a white background, the following:
"IT IS A VIOLATION OF RAYMORE CITY CODE FOR TOBACCO PRODUCTS OR ELECTRONIC TOBACCO PRODUCTS TO BE SOLD TO ANY PERSON UNDER THE AGE OF TWENTY-ONE (21)."
D. 
It shall be unlawful for any person to engage in tobacco product or electronic tobacco product distribution to persons under twenty-one (21) years of age.
E. 
A person selling or distributing tobacco products or electronic tobacco product shall require proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that such prospective purchaser or recipient may be under the age of twenty-one (21).
F. 
If a sale is made by an employee of the owner of an establishment in violation of this Section, both the establishment and the employee may be guilty of an offense and subject to penalties as provided for in Section 100.220 of this Code. If a tobacco product or electronic tobacco product sample is distributed by an employee of a company conducting the sampling, such employee and the company may be guilty of an offense and subject to penalties as provided for in Section 100.220 of this Code.
G. 
Reasonable reliance on proof of age or on the appearance of the purchaser or recipient shall be a defense to any action for violation of this Section. No person shall be liable for more than one (1) violation of this Section on any single day.