[1]
Editor's Note: Ordinance No. 2023-249, adopted 5-15-2023, repealed and replaced Art. XII. Former Art. XII pertained to similar subject matter and derived from Ord. 566, adopted in 1997.
[Ord. No. 2023-249, 5-15-2023]
It is the intent of this Article to protect the public health, safety and welfare by prohibiting the possession and use of tobacco products by persons under eighteen (18) years of age and prohibiting the dissemination and furnishing of tobacco products to persons under twenty-one (21) years of age.
[Ord. No. 2023-249, 5-15-2023]
(a) 
As used in this Article, the following words or phrases are defined as follows:
RETAILER
Means any person who sells tobacco products to individuals for personal consumption.
TOBACCO PRODUCT
Means: (1) a product that contains nicotine or tobacco or is derived from tobacco and is intended to be ingested or inhaled by or applied to the skin of an individual; or (2) any device that can be used to deliver tobacco or nicotine to the person inhaling from the device, including but not limited to a nicotine vaporizer, an electronic cigarette, cigar, cigarillo or pipe.
(b) 
It shall be rebuttably presumed that the substance within a package or container is a tobacco product if the package or container has affixed to it a label which identifies the package or container as containing a tobacco product.
[Ord. No. 2023-249, 5-15-2023]
(a) 
It shall be unlawful for any person under eighteen (18) years of age to possess, consume or use, either by smoking, ingesting, absorbing or chewing, any tobacco product.
(b) 
It shall be unlawful for any person under eighteen (18) years of age to obtain or attempt to obtain any tobacco product by misrepresentation of age or by any other method.
[Ord. No. 2023-249, 5-15-2023]
(a) 
It shall be unlawful for any person to sell, distribute or otherwise furnish a tobacco product to a person under twenty-one (21) years of age.
(b) 
Each retailer shall verify by means of photographic identification containing the bearer's date of birth that a person purchasing a tobacco product is twenty-one (21) years of age or older. It shall be an affirmative defense to a prosecution under this Section that the person furnishing the tobacco product was presented with and reasonably relied upon photographic identification containing the bearer's date of birth which identified the person receiving the tobacco product as being twenty-one (21) years of age or older.
(c) 
It shall be unlawful for any business proprietor, manager or other person in charge or control of a retail business of any kind to engage, employ or permit any person under eighteen (18) years of age to sell tobacco products from such retail business.
(d) 
It shall be unlawful for a retailer to sell or offer to sell tobacco products by use of a vending machine or other coin operated machine.