[Adopted 5-6-1997 by Ord. No. 2830; amended in its entirety 3-3-1998 by Ord. No. 2858]
This article shall be known and may be cited as the "Prevention of Youth Access to Tobacco Act".
As used in this article, the following words and terms shall have the meanings ascribed thereto:
PERSON
Any individual, firm, fiduciary, partnership, corporation, trust or association, however formed.
PROOF OF AGE
A driver's license, license for identification only or other generally accepted means of identification that describes the individual as 18 years of age or older and contains a photograph or other likeness of the individual and appears on its face to be valid.
SAMPLE
A tobacco product distributed to members of the public at no cost for the purpose of promoting the product.
TOBACCO PRODUCT
Any product that contains tobacco and is intended for human consumption.
[Amended 5-11-2021 by Ord. No. 9269]
A. 
It is unlawful for any person to sell or furnish in any manner any tobacco product to another person who is under 21 years of age, or to purchase in any manner a tobacco product on behalf of any such person.
B. 
It shall not be unlawful for an employee under 21 years of age to handle such products when required in the performance of the employee's duties.
C. 
A person engaged in the sale or distribution of tobacco products shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser may be under 21 years of age.
D. 
If an individual engaged in the sale or distribution of tobacco products has demanded proof of age from a prospective purchaser or recipient who is not under 21 years of age, the failure to subsequently require proof of age shall not constitute a violation of this section.
E. 
If the sale is made by an employee of the owner of a store at which tobacco products are sold at retail, the employee shall be guilty of the violation and shall be subject to the fine.
F. 
Proof that the defendant demanded, was shown and reasonably relied upon proof of age shall be a defense to any action brought pursuant to this section.
G. 
For purposes of determining the liability of a person controlling franchises or business operations in multiple locations for any violation of Subsection A or B of this section, each individual franchise or business location shall be deemed a separate entity.
H. 
Any person who shall violate Subsection A or B of this section shall be punishable as provided in § 275-45 of this chapter.
I. 
Upon failure of any person to pay any fine authorized by this section within 90 days of the day of the assessment of such fine, the Court Clerk or his/her designee shall notify the Oklahoma Department of Public Safety, as such department is authorized to suspend or not issue a driver's license to the person until proof of payment has been provided.
A. 
No person shall distribute tobacco product samples in or on any public street, sidewalk or park that is within 300 feet of any playground, school or other facility when the facility is being used primarily by persons under 18 years of age.
B. 
Any person who shall violate Subsection A of this section shall be punishable as provided in § 275-45 of this chapter.
C. 
Upon failure of any person to pay any fine authorized by this section within 90 days of the day of the assessment of such fine, the Court Clerk or his/her designee shall notify the Oklahoma Department of Public Safety, as such department is authorized to suspend or not issue a driver's license to the person until proof of payment has been provided.
A. 
It is unlawful for any person to sell cigarettes except in the original, sealed package in which they were placed by the manufacturer.
B. 
Any person who shall violate Subsection A of this section shall be punishable as provided in § 275-45 of this chapter.
A. 
Except as provided under § 275-150B, it is unlawful for a person who is under 21 years of age to purchase, receive, or have in his/her possession any tobacco product, or to present or offer to any person any purported proof of age which is false or fraudulent for the purpose of purchasing or receiving any tobacco product.
[Amended 5-11-2021 by Ord. No. 9269]
B. 
On conviction of an individual for an offense under Subsection A of this section, the court shall suspend execution of sentence and shall require the defendant to attend a tobacco education program. The court shall require the parent or guardian of the defendant to attend the tobacco education program with the defendant.
C. 
If access to the tobacco education program is not readily available, the court shall require the defendant to perform eight hours to 12 hours of tobacco-related community service instead of attending a tobacco education program.
D. 
The tobacco education program and the tobacco-related community service are remedial and are not punishment.
E. 
No later than the 90th day after the date of conviction under Subsection A of this section, the defendant shall present to the court, in a manner required by the court, evidence of satisfactory completion of the tobacco education program or the tobacco-related community service.
F. 
On receipt of the evidence required under Subsection E of this section, the court shall:
(1) 
If the defendant has been convicted of a previous offense under Subsection A of this section which offense occurred within one year prior to the offense for which the defendant is currently charged, execute the sentence, and at the discretion of the court, assess a fine as provided in § 275-45 of this chapter.
(2) 
If the defendant has not been convicted of a previous offense under Subsection A of this section, which offense occurred within one year prior to the offense for which the defendant is currently charged, dismiss the complaint and discharge the defendant.
G. 
If the court dismisses the complaint under Subsection F(2) of this section, the defendant is released from all penalties and disabilities resulting from the offense except that the defendant is considered to have been convicted of the offense if the defendant is subsequently convicted of the same charge if such a repeat offense occurs within one year of the dismissed offense.
H. 
Any person convicted of an offense under Subsection A of this section may apply to the court to have the conviction expunged. If the court finds that the individual satisfactorily completed the tobacco education program or tobacco-related community service ordered by the court and that there has been no subsequent offense for a period of at least one year after the date of the offense for which the person was convicted, the court shall order the conviction and any complaint, verdict, sentence or other document relating to the offense to be expunged from the individual's record and the conviction may not be shown or made known for any purpose.
I. 
If the defendant does not provide the evidence required under Subsection E of this section within the period specified by the subsection or upon failure of the defendant to pay any fine authorized by this section within 90 days of the date of the assessment of such fine, the court clerk or his/her designee shall notify the Oklahoma Department of Public Safety, as such department is authorized to suspend or not issue a driver's license to the person until the required evidence or proof of payment has been provided.
The City Clerk or his/her designee shall furnish any information or reports required or requested by the Oklahoma Alcoholic Beverage Laws Enforcement (ABLE) Commission in the form, manner and time as may be determined by the ABLE Commission.
No person shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment or customer because such employee, applicant or customer reported violations of any provisions of this article.