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.
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.