(a)
Possession, purchase, consumption or receipt of item containing nicotine, nicotine derivative or simulated nicotine by minors prohibited.
(1)
An individual who is younger than 18 years of age commits an offense if the individual:
(A)
Possesses, purchases, consumes, or accepts an item containing nicotine, nicotine derivative or simulated nicotine; or
(B)
Falsely represents himself or herself to be 18 years of age or older by displaying proof of age that is false, fraudulent, or not actually proof of the individual’s own age in order to obtain possession of, purchase, or receive an item containing nicotine, nicotine derivative or simulated nicotine.
(2)
It is an exception to the application of this section that the individual younger than 18 years of age possessed the item containing nicotine, nicotine derivative or simulated nicotine in the presence of:
(A)
An adult parent, a guardian, or a spouse of the individual; or
(B)
An employer of the individual, if possession or receipt of the item containing nicotine, nicotine derivative or simulated nicotine is required in the performance of the employee’s duties as an employee.
(C)
It is an exception to the application of this section that the individual younger than 18 years of age is participating in an inspection or test of compliance in accordance with city or state law.
(b)
Sale of items containing nicotine, nicotine derivative or simulated nicotine to persons younger than 18 years of age prohibited; proof of age required.
(1)
A person commits an offense if the person, with criminal negligence:
(A)
Sells, gives, or causes to be sold or given an item containing nicotine, nicotine derivative or simulated nicotine to someone who is younger than 18 years of age; or
(B)
Sells, gives, or causes to be sold or given an item containing nicotine, nicotine derivative or simulated nicotine to another person who intends to deliver it to someone who is younger than 18 years of age.
(2)
If an offense under this section occurs in connection with a sale by an employee of the owner of a store in which items containing nicotine, nicotine derivative, simulated nicotine, cigarettes or tobacco products are sold at retail, the employee is criminally responsible for the offense and is subject to prosecution.
(3)
An offense under this section is a class C misdemeanor.
(4)
It is a defense to prosecution under subsection (b)(1)(A) that the person to whom the item containing nicotine, nicotine derivative or simulated nicotine was sold or given presented to the defendant apparently valid proof of identification.
(5)
A proof of identification satisfies the requirements of subsection (b)(4) if it contains a physical description and photograph consistent with the person’s appearance, purports to establish that the person is 18 years of age or older, and was issued by a governmental agency. The proof of identification may include a driver’s license issued by this state or another state, a passport, or an identification card issued by a state or the federal government.
(c)
Proof of age required when selling items containing nicotine, nicotine derivative or simulated nicotine products to persons younger than 27 years of age.
(1)
A person may not sell, give, or cause to be sold or given an item containing nicotine, nicotine derivative or simulated nicotine to someone who is younger than 27 years of age unless the person to whom the item containing nicotine, nicotine derivative or simulated nicotine was sold or given presents an apparently valid proof of identification.
(d)
Penalty.
(1)
On the first offense, any person found to be violating any provision of subsection (a) of this section shall be deemed guilty of a class C misdemeanor and upon conviction shall pay a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00).
(2)
Upon a second conviction, any person found violating any provision of subsection (a) of this section shall be deemed guilty of a class C misdemeanor and shall pay a fine of not less than one hundred dollars ($100.00) nor more than three hundred dollars ($300.00).
(3)
Upon a third or subsequent conviction, any person found violating any provision of subsection (a) of this section shall be deemed guilty of a class C misdemeanor and shall pay a fine of not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00).
(Ordinance 2014-06-02 adopted 6/3/14)