A. It is the responsibility of each tobacco and electronic cigarette retailer to be informed of the laws affecting the issuance of a tobacco and electronic cigarette retailer's permit.
B. The sale of tobacco products and tobacco and electronic cigarette paraphernalia from other than a fixed location, including, but not limited to, tobacco and electronic cigarette retailing by persons on foot or from vehicles is prohibited and no permit shall be issued under this article for any such activity.
C. The display of an advertisement relating to tobacco products or tobacco and electronic cigarette paraphernalia that promotes the same or distribution of such products from the tobacco and electronic cigarette retailer's location or that could lead a reasonable consumer to believe that such product can be obtained at that location without first obtaining and maintaining a valid tobacco and electronic cigarette retailer's permit pursuant to this article, is prohibited.
D. The tobacco and electronic cigarette retailer shall prominently display the tobacco and electronic cigarette retail permit in a publicly and readily visible location at the permitted location.
E. No person engaging in tobacco and electronic cigarette retailing shall sell or transfer a tobacco product or tobacco and electronic cigarette paraphernalia to another person who appears to be under the age of thirty (30) years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under State law to purchase and/or possess the tobacco products or electronic cigarettes.
F. No person who is younger than the minimum age established by State law for the purchase or possession of any tobacco product or electronic cigarette shall engage in tobacco and electronic cigarette retailing.
G. It shall be a violation of the tobacco and electronic cigarette retailer permit for a permittee or his or her agent or employee to violate any local, State, or Federal tobacco or electronic cigarette related law.
H. It shall be unlawful for any tobacco retailer or any of the tobacco retailer's agents or employees to sell or offer for sale any flavored tobacco product. This regulation is not intended to impose any requirement which is different from, or in addition to, any requirement under the provisions of the Family Smoking Prevention and Tobacco Control Act relating to tobacco product standards, premarket review, adulteration, misbranding, labeling, registration, good manufacturing standards, or modified risk tobacco products. (Ord. 14-O-2657, eff. 6-1-2014; amd. Ord. 18-O-2758, eff. 9-21-2018)