See Appendix—Definitions.
(Ord. 485, 9-6-1991; Ord. 625, 6-11-2013)
A. Prohibited:
No person shall sell, offer for sale, give away or deliver tobacco
products to any person under the age of 18 years.
B. Violation—Penalty: Any person violating subsection
A of this section is guilty of a misdemeanor and subject to penalty as provided in Section
1-4-1 of this code.
C. Affirmative Defense: It is an affirmative defense to a prosecution under subsection
A of this section that:
1. In the
case of a sale, the person who sold the tobacco product was presented
with, and reasonably relied upon, an identification card which identified
the person buying or receiving the tobacco product as being over 18
years of age; or
2. The tobacco
product was given or delivered to the person under 18 years of age
by his or her parent or guardian and the tobacco product was given
or delivered to the person for use in the privacy of his or her parent's
or guardian's home or under the direct supervision of the parent or
guardian.
(Ord. 485, 9-6-1991; 2003 Code)
A. Posting
Required: Any person who sells tobacco products shall post signs informing
the public of the age restrictions provided by this chapter at or
near every display of tobacco products and on or upon every vending
machine which offers tobacco products for sale. Each sign shall be
plainly visible and shall contain a statement communicating that the
sale of tobacco products to persons under 18 years of age is prohibited
by law.
B. Vending
Machines: No person shall sell or offer tobacco products through a
vending machine unless the vending machine is located in:
1. Businesses,
factories, offices or other places not open to the general public;
2. Places
to which persons under the age of 18 years of age are not permitted
access; or
3. Business
premises where alcoholic or malt beverages are sold or dispensed and
where entry by persons under 18 years of age is prohibited.
C. Violation—Penalty: Any person violating subsection
A or
B of this section is guilty of a misdemeanor and subject to penalty as provided in Section
1-4-1 of this code. Each day of continued violation shall be deemed a separate offense.
(Ord. 485, 9-6-1991; 2003 Code)