Town of Pinedale, WY
Sublette County
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Table of Contents
Table of Contents
[1]
Editor's Note: For other provisions on alcohol and minors, see Ch. 114, Alcoholic Beverages, Art. I, Licensing; Regulations; Underage Persons, of this Code.

§ 328-32 Contributing to delinquency; penalty.

[Amended 1979 by Ord. No. 67; 1997 by Ord. No. 315]
Whoever causes or encourages any child under the age of 18 years to violate any law of the United States, the State of Wyoming, or any ordinance of the Town, or whoever knowingly commits any immoral, indecent, obscene, or unlawful act in the presence of such child, or whoever causes any such child to commit any immoral, indecent or obscene act, is guilty of contributing to the delinquency of a minor, a misdemeanor punishable by a fine not to exceed $750, imprisonment not to exceed six months, or both.

§ 328-33 Curfew.

[Amended 1983 by Ord. No. 108]
It is unlawful for a minor under the age of 17 to be or remain upon the streets or public places within the corporate limits, control or jurisdiction of the Town at night between the hours of 11:00 p.m. and 4:00 a.m., with the exception of Friday and Saturday nights and then not later than 1:30 a.m. or earlier than 4:00 a.m. Nothing in this section shall prevent a minor under the age of 17 from being upon the streets or public places after specified hours in conjunction with employment or when accompanied by his or her parents, guardian or other responsible person. Any parent, guardian or other responsible person who allows or permits such minor upon any of the streets or public places within the corporate limits, control or jurisdiction of the Town is guilty of a misdemeanor and, upon conviction, shall be punished accordingly. The curfew may be extended or suspended for good cause by the Mayor with the advice of the Council.

§ 328-34 Purchasing by junk or secondhand dealer.

[Amended 1983 by Ord. No. 108]
It is unlawful for any junk dealer or secondhand store dealer to purchase or receive any article from any person under the age of 18 years, except with the written consent of parents or legal guardian of the minor.

§ 328-35 Liquor; licensed buildings; presence.

[Amended 1966 and 1970 by Ord. No. 19; 10-29-1973; 1988 by Ord. No. 208; 11-10-2014 by Ord. No. 528; 6-26-2017 by Ord. No. 611]
It is unlawful for any licensee or agent, employee or server to knowingly permit any person under the age of 21 years to be within or remain within any building licensed by the Town as a retail or limited retail liquor licensee or for any person under the age of 21 years to be within or remain within any building licensed by the Town as a retail or limited retail liquor licensee, at any time except for:
A. 
Times the licensed building is not open for business;
B. 
Individuals over the age of 18 years whose presence is pursuant to his or her employment;
C. 
The establishment operates a commercial kitchen and there is a separate dining area; in said situation, individuals under the age of 21 are allowed in said dining area while the commercial kitchen is in operation;
D. 
Licensees that operate primarily for off-premises sale shall maintain a separate age-restricted area for the sale of alcoholic or malt beverages; in said situation, persons under the age of 21 are allowed in the remainder of said building.

§ 328-36 Liquor; licensed premises; violations.

[Amended 1966 and 1970 by Ord. No. 19; 10-29-1973; 1984 by Ord. No. 144]
Any person who violates any provisions of § 328-35 is guilty of a misdemeanor and, upon conviction, shall be subject to the general penalty provisions of Chapter 1, Article IV, General Penalty.

§ 328-37 Sale or furnishing of tobacco products; penalties.

[Added 1991 by Ord. No. 218; 11-10-2014 by Ord. No. 526; amended 8-14-2017 by Ord. No. 627]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
(1) 
Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.
(2) 
Any 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
(3) 
Any electronic device that can be used to deliver nicotine to the person inhaling from the device, including but not limited to an electronic cigarette, cigar, cigarillo, or pipe.
VENDING MACHINE
Any mechanical, electric, or electronic self-service device which, upon insertion of money, tokens, or any other form of payment, dispenses tobacco products.
ELECTRONIC CIGARETTE
Any product that employs any mechanical heating element, battery or electronic circuit, regardless of shape or size, that can be used to deliver doses of nicotine vapor by means of heating a liquid nicotine solution contained in a cartridge or other delivery system.
B. 
Prohibited sales or delivery.
(1) 
No person shall sell, offer for sale, give away or deliver tobacco products to any person under the age of 18 years.
(2) 
Any person violating Subsection B(1) of this section is guilty of a misdemeanor, punishable by a fine of not more than:
(a) 
Fifty dollars for a first violation committed within a twenty-four-month period. The court may allow the defendant to perform community service and be granted credit against his fine and court costs at the rate of $5 for each hour of work performed;
(b) 
Two hundred fifty dollars for a second violation committed within a twenty-four-month period, regardless of the locations where the violations occurred. The court may allow the defendant to perform community service and be granted credit against his fine and court costs at the rate of $5 for each hour of work performed;
(c) 
Seven hundred fifty dollars for a third or subsequent violation committed within a twenty-four-month period, regardless of the locations where the violations occurred. The court may allow the defendant to perform community service and be granted credit against his fine and court costs at the rate of $5 for each hour of work performed.
(3) 
No retailer shall sell, permit the sale, offer for sale, give away or deliver tobacco products to any person under the age of 18 years.
(4) 
Any person violating Subsection B(3) of this section is guilty of a misdemeanor punishable by a fine of not more than:
(a) 
Fifty dollars for a first violation committed within a twenty-four-month period;
(b) 
Two hundred fifty dollars for a second violation committed within a twenty-four-month period;
(c) 
Seven hundred fifty dollars for a third or subsequent violation committed within a twenty-four-month period.
(5) 
It is an affirmative defense to a prosecution under Subsection B(1) and (3) of this section that:
(a) 
In the case of a sale, the person or retailer 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
(b) 
The tobacco product was given or delivered to the person under 18 years of age by his parent or guardian and the tobacco product was given or delivered to the person for use in the privacy of his parent's or guardian's home or under the direct supervision of the parent or guardian.
C. 
Posted notice required; location of vending machines.
(1) 
Any person who sells tobacco products shall post signs informing the public of the age restrictions provided by this section 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.
(2) 
No person shall sell or offer tobacco products through a vending machine unless the vending machine is located in:
(a) 
Businesses, factories, offices or other places not open to the general public;
(b) 
Places to which persons under the age of 18 years of age are not permitted access; or
(c) 
Business premises where alcoholic or malt beverages are sold or dispensed and where the entry by persons under 18 years of age is prohibited.
(3) 
Any person violating Subsection C(1) or (2) of this section is guilty of a misdemeanor, punishable by a fine of not more than:
(a) 
Fifty dollars for a first violation committed within a twenty-four-month period;
(b) 
Two hundred fifty dollars for a second violation committed within a twenty-four-month period;
(c) 
Seven hundred fifty dollars for a third or subsequent violation committed within a twenty-four-month period.
(4) 
For purposes of Subsection C(3) of this section, each day of continued violation under Subsection C(1) or (2) of this section shall be deemed a separate offense.
D. 
Purchase by minors prohibited.
(1) 
No person under the age of 18 years shall purchase or attempt to purchase tobacco products, or misrepresent his identity or age, or use any false or altered identification for the purpose of purchasing or attempting to purchase tobacco products.
(2) 
Any person violating Subsection D(1) of this section is guilty of a misdemeanor, punishable by a fine of not more than:
(a) 
Fifty dollars for a first violation committed within a twenty-four-month period;
(b) 
Two hundred fifty dollars for a second violation committed within a twenty-four-month period;
(c) 
Seven hundred fifty dollars for a third or subsequent violation committed within a twenty-four-month period.
(3) 
Upon a conviction for violation of Subsection D(1) of this section, the court may allow the defendant to perform community service or attend a tobacco cessation program and be granted credit against his fine and court costs at the rate of $5 for each hour of work performed or each hour of tobacco cessation program attended.
E. 
Possession or use by minors prohibited.
(1) 
It is unlawful for any person under the age of 18 years to possess or use any tobacco products.
(2) 
Any person violating Subsection E(1) of this section is guilty of a misdemeanor, punishable by a fine of not more than:
(a) 
Fifty dollars for a first violation committed within a twenty-four-month period;
(b) 
Two hundred fifty dollars for a second violation committed within a twenty-four-month period;
(c) 
Seven hundred fifty dollars for a third or subsequent violation committed within a twenty-four-month period.
(3) 
Upon a conviction for violation of Subsection E(1) of this section, the court may allow the defendant to perform community service or attend a tobacco cessation program and be granted credit against his fine and court costs at the rate of $5 for each hour of work performed or each hour of tobacco cessation program attended.
(4) 
It is an affirmative defense to a prosecution under Subsection E(1) of this section that the defendant possessed or used the tobacco product in the home of or under the direct supervision of his parent or guardian.