City of Royal Oak, MI
Oakland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Commission of the City of Royal Oak 10-7-1991 by Ord. No. 91-15. Amendments noted where applicable.]
GENERAL REFERENCES
Disorderly conduct — See Ch. 278.
This chapter shall be known and may be cited as the "Tobacco Products Ordinance."
The purpose of this chapter is to prohibit sales of tobacco products to minors.
[Amended 12-17-2018 by Ord. No. 2018-11]
The following definitions apply in this chapter:
NICOTINE PRODUCT
The highly toxic alkaloid found in tobacco, presented in tobacco, or in some other form for ingestion, including, but not limited to, water-soluble nicotine containing substances, and devices which deliver nicotine through vapor or other means for ingestion, such as electronic cigarettes, hookah pens, or other similar devices.
SMOKING (or SMOKE)
The possession by a person of a lighted cigar, cigarette, pipe, or other lighted smoking device, or activated device which delivers nicotine through vapor or other means, or ingestion electronically such as electronic cigarettes, hookah pens, or other similar devices.
TOBACCO PRODUCT
Any product made from the tobacco plant for the purpose of ingestion by any means, including, but not limited to, cigars, cigarettes, chewing tobacco, electronic cigarettes, pipe tobacco, snuff and vape.
TOBACCO PRODUCT OR NICOTINE PRODUCT VENDING MACHINE
Any automated, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses any type of tobacco product or nicotine product.
USE OF TOBACCO PRODUCT and/or NICOTINE PRODUCT
The possession of a lighted cigar, cigarette, pipe, or other lighted smoking device; the possession of an activated device which delivers nicotine through vapor, or other means for ingestion, including but not limited to, electronic cigarettes, hookah pens, or other similar devices; or the ingestion of a tobacco product by any means.
[Amended 12-17-2018 by Ord. No. 2018-11]
A. 
No person shall furnish, give, or sell any tobacco product or nicotine product in any form to a person under the age of 18 years of age, either personally or through a vending machine.
B. 
No person under the age of 18 years of age shall possess or purchase any tobacco product or nicotine product.
[Amended 12-17-2018 by Ord. No. 2018-11]
A. 
It shall be unlawful to sell or cause to be sold any tobacco product or nicotine product through a tobacco product or nicotine product vending machine, except in the following specified locations:
(1) 
A tobacco product or nicotine product vending machine may be placed or located wholly within premises, or portions thereof, to which access by minors is expressly prohibited either by law or by policy of the owner of the premises.
(2) 
A tobacco product vending or nicotine product vending machine may be placed or located wholly within a commercial building or industrial plant, or a portion thereof, where the general public is expressly prohibited from entering, where the tobacco product or nicotine product vending machine is intended strictly for the use of employees, and where minor employees are not usually admitted.
B. 
Notwithstanding Subsection A(1) and A(2) above, no tobacco product or nicotine product vending machine shall be located closer than 20 feet to any entrance or exit, or within a restroom, coat room, outer waiting area, unmonitored hallway or any other area which is not constantly supervised or monitored during the hours the vending machine is available for use, nor shall a tobacco product or nicotine product vending machine be located in an area where it may be accessible to the public when the premises where it is located is closed.
[Amended 5-1-1995 by Ord. No. 95-4; 12-17-2018 by Ord. No. 2018-11]
A. 
A person violating § 684-4B is responsible for a civil infraction, with a fine of not less than $25.
B. 
A person violating any other section of this chapter is guilty of a misdemeanor, with a maximum penalty of up to 90 days in jail and/or a fine of up to $500.