(A) Prohibited sales. It shall be a violation of this chapter for any person to sell or offer to sell any tobacco, tobacco product, electronic delivery devices, nicotine or lobelia delivery products or tobacco related device:
(1) To any person under the age of 21 years;
(2) By means of any type of vending machine;
(3) By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premises in order to receive the tobacco, tobacco product, electronic delivery devices, nicotine or lobelia delivery products or tobacco related device and whereby there is not a physical exchange of the tobacco, tobacco product, electronic delivery devices, nicotine or lobelia delivery products or tobacco related device between the licensee, or the licensee's employee, and the customer;
(4) By means of loosies;
(5) Containing opium, morphine, jimson weed, belladonna, strychnos, cocaine, marijuana or other deleterious, hallucinogenic, toxic or controlled substances, except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes, electronic delivery devices, nicotine or lobelia delivery products or other tobacco products;
(6) By any other means, to any other person or in any other manner or form prohibited by federal, state or other local law, ordinance provision or other regulation.
(B) Use of false identification. It shall be a violation of this chapter for any person to attempt to disguise his/her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person.
(C) Unlawful purchases. It shall be unlawful for any person who is under the age of 21 years to purchase tobacco or tobacco products. Persons acting under the direct supervision of the city, law enforcement, or other governmental unit and which are actively engaged in a compliance check of the licensed premises are exempted from this provision while engaged in the compliance check.
(D) Distribution of tobacco or tobacco product samples. It shall be unlawful for any licensee or any person, business or retailer to distribute or give away tobacco or tobacco products free of charge to any person.
(Ord. 95, passed 12-20-2022) Penalty, see § 113.99