(A) Prohibition on Sale or Distribution to Individuals Under the Age of 18 and in Certain Other Cases. A person or an employee or agent of that person shall not sell or distribute a tobacco product :
(1) To any individual that the employer, employee, or agent knows is under 18 years of age;
(2) To any individual (other than an individual who appears without reasonable doubt to be over 18 years of age) who does not present a driver's license or other generally accepted means of identification that describes the individual as 18 years of age or older, contains a likeness of the individual and appears on its face to be valid;
(B) Prohibition on Self-Service Tobacco Merchandising.
(1) No person who owns, operates or manages a business where tobacco products are sold, nor any person who sells or offers for sale tobacco products, shall sell, permit to be sold, offer for sale, display for sale, or store any tobacco product by means of self-service merchandising.
(2) No person who owns, operates or manages a business where tobacco products are sold, nor any person who sells or offers for sale tobacco products, shall sell, permit to be sold, offer for sale, display for sale, or store any tobacco product by means other than vendor-assisted sales.
(3) A person is exempt from the requirements of this section if both:
(a) The business where tobacco products are sold prohibits entry of individuals under the age of 18 at all times unless accompanied by an adult; and
(b) Photographic identification is required from any individual who appears to be under 27 years of age.
(4) The sale of tobacco products in any form other than an original factory-wrapped package is prohibited.
(C) Prohibition on Maintaining Vending Machines. A person or an employee or agent of that person shall not maintain any device that automatically dispenses tobacco products, except in certain places.
(1) Tobacco products may be sold at retail through vending machines only:
(a) Where the machine is in an area not open to the general public, included but not limited to the controlled area of factories, businesses, and offices;
(b) In places to which persons under the age of 18 are not permitted access without a parent or guardian; and
(c) In places where alcoholic beverages are offered for sale for consumption on the premise.
(2) An owner of a device which violates this division (C) shall remove said device within three months of the effective date of this article.
(D) Sampling. It shall be unlawful for any person to engage in distributing free samples of a tobacco product in or on any public street, sidewalk, or park, within 500 feet of any youth center or youth activities.
('74 Code, § 6-31-6) (Ord. 40-1991; Am. Ord. 28-1998)