The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Business.
Any sole proprietorship, joint venture, partnership, corporation, limited liability company, or other entity formed for profit making or non-profit purposes, including but not limited to retail establishments where goods or services are sold or offered for sale.
Electronic cigarette or e-cigarette.
Any electronic or mechanical device that uses a heating element designed or intended to vaporize, or is capable of vaporizing, a liquid solution containing nicotine. The term includes electronic devices that employ an atomizer or heating element and battery as well as mechanical vaporizers, and is inclusive of any version or type of such devices whether manufactured or marketed as e-cigarettes, e-cigars, e-pipes, electronic vaping device, mechanical PV’s, electronic nicotine delivery system, or other device under any other product name or description.
Liquid nicotine.
Any liquid product composed either in whole or in part of nicotine and propylene glycol and/or any other substance and manufactured for use with e-cigarettes.
Minor.
A person younger than 18 years of age.
Open display unit.
(In the context of the retail sale of electronic cigarettes and liquid nicotine) any device, furniture, or furnishing within or upon which electronic cigarettes, liquid nicotine, or paraphernalia associated with electronic cigarettes are displayed to customers, and includes, but is not limited to, any case, rack, shelf, counter, table, desk, kiosk, booth, stand, or other surface.
Paraphernalia associated with electronic cigarettes.
Any device, equipment, article or other thing designed, intended or used for the storage, consumption, inhalation or ingestion of liquid nicotine using an electronic cigarette.
Person.
Any natural person, individual, sole proprietor, partnership, cooperative association, corporation, limited liability company, personal representative, receiver, trustee, assignee, or other legal entity. The term includes employees, agents and representatives of businesses and retailers.
Retailer.
Any person or business that operates a store, stand, booth, concession, or other place at which sales of electronic cigarettes, liquid nicotine, or paraphernalia associated with electronic cigarettes are made to purchasers for consumption or use.
Self-service merchandising.
(In the context of the retail sale of electronic cigarettes, liquid nicotine, or paraphernalia associated with electronic cigarettes) the open display of electronic cigarettes, liquid nicotine, and paraphernalia associated with electronic cigarettes, whether packaged or otherwise, for direct retail customer access and handling without the intervention of assistance of the retailer or the retailer’s owner, employee, or agent.
(Ordinance 2014-0217-02 adopted 2/17/14)
(a) 
A minor commits an offense if the minor uses, possesses, purchases or attempts to purchase an electronic cigarette, liquid nicotine, or paraphernalia associated with electronic cigarettes.
(b) 
A minor commits an offense if the minor falsely represents himself or herself to be 18 years of age or older for the purpose of purchasing or receiving an electronic cigarette, liquid nicotine, or paraphernalia associated with electronic cigarettes.
(Ordinance 2014-0217-02 adopted 2/17/14)
No person, business, retailer, or other establishment shall sell or convey, offer for sale, or cause or allow to be sold or conveyed to a minor an electronic cigarette, liquid nicotine, or paraphernalia associated with electronic cigarettes.
(Ordinance 2014-0217-02 adopted 2/17/14)
(a) 
No person, business, retailer, or other establishment engaged in the retail sale or distribution of electronic cigarettes, liquid nicotine or paraphernalia associated with electronic cigarettes shall display, sell or convey, offer for sale, or cause or allow to be sold or conveyed electronic cigarettes, liquid nicotine, or paraphernalia associated with electronic cigarettes within the town by means of self-service merchandising which allows a purchase of electronic cigarettes, liquid nicotine, or paraphernalia associated with electronic cigarettes without verification of the age of the purchaser.
(b) 
No person, business, retailer, or other establishment engaged in the retail sale of electronic cigarettes, liquid nicotine or paraphernalia associated with electronic cigarettes shall place electronic cigarettes, liquid nicotine, or paraphernalia associated with electronic cigarettes in an open display unit unless the unit is located in an area that is inaccessible to minors.
(Ordinance 2014-0217-02 adopted 2/17/14)
(a) 
A person in violation of this article shall be punished upon conviction by fine of not less than one dollar nor more than five hundred dollars.
(b) 
The town may revoke a certificate of occupancy for a business or retailer if the business, retailer, or an employee, agent or representative thereof has been convicted of or placed on deferred disposition for two or more violations of this article within a consecutive 12-month period occurring on the premises of the business or retailer.
(c) 
No culpable mental state shall be required to be plead or proven to establish guilt in the prosecution of any case in which an offense under this article is alleged. It is the intent of the town that an offense under this article is a strict liability offense.
(Ordinance 2014-0217-02 adopted 2/17/14)