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(A) ANY PERSON, as used in this section, means any human being, without regard to the legal or natural relationship to a minor, as well as legal or corporate entities. MINOR means any person under the age of 18 years.
(B) Any person who shall knowingly or willfully cause, aid, abet, or encourage a minor to be, to remain, or to become a delinquent child, as defined by state law, shall be guilty of an offense.
(Prior Code, § 10-516)
Statutory reference:
Causing, aiding, abetting, or encouraging a minor to be delinquent or runaway child, to commit a felony, or to become involved with a criminal street gang, see 21 O.S. § 856
(A) It is unlawful and an offense for any person to sell, barter, give, or otherwise furnish cigarettes, cigars, or tobacco in any form to a minor, or to permit such minor to frequent any premises owned, held, or managed by him or her for the purpose of using or procuring cigarettes, cigars, or tobacco in any form.
(Prior Code, § 10-517)
(B) (1) It is unlawful for a person who is under 21 years of age to purchase, receive, or have in his or her possession a tobacco product, or vapor product, or to present, or offer, to any person any purported proof of age which is false or fraudulent, for the purpose of purchasing or receiving any tobacco product or vapor product. It shall not be unlawful for any employee under 21 years of age to handle tobacco products or vapor products when required in the performance of the employee’s duties.
(2) Pursuant to 10A O.S. § 2-8-224(C), the Alcoholic Beverage Laws Enforcement (ABLE) Commission is responsible for establishing rules to provide for notification to a parent or guardian of any minor cited for a violation of this division (B).
(3) Pursuant to 10A O.S. § 2-8-224(D), this division (B) is enacted by the Board of Trustees of the town and hereby authorizes the officers of the Town Police Department to enforce this division (B) prohibiting and penalizing conduct under the provisions of this division (B), said provisions of this division (B) being the same as provided under 10A O.S. § 2-8-224, and the enforcement provisions under this division (B) shall not be more stringent than those provided under 10A O.S. § 2-8-224.
(4) For the purposes of this division (B), the term vapor products shall have the same meaning as provided in the Prevention of Youth Access to Tobacco Act, 63 O.S. §§ 1-229.11 et seq.
(Ord. 10-518, passed 10-23-2019) Penalty, see § 133.99
(A) Any person violating any provision of this chapter, for which no specific penalty is prescribed, shall be subject to § 10.99.
(B) (1) Any person found to be in violation of § 133.21(A) shall be guilty of a misdemeanor which is punishable pursuant to 11 O.S. § 27-119.
(2) Any person found to be in violation of § 133.21(B) shall be guilty of a misdemeanor which is punishable pursuant to 63 O.S. § 420.
(3) Any person found to be in violation of § 133.21(C) shall be guilty of a misdemeanor which is punishable pursuant to 11 O.S. § 27-119.
(4) Any person found to be in violation of § 133.21(D) shall be guilty of a misdemeanor which is punishable pursuant to 11 O.S. § 27-119.
(5) Any person found to be in violation of § 133.21(E) shall be guilty of a misdemeanor which is punishable pursuant to 11 O.S. § 27-119.
(C) (1) When a person violates § 133.34(B)(1), the Municipal Court of the town shall impose an administrative fine:
(a) Not to exceed $ 100 for a first offense; and
(b) Not to exceed $200 for a second or subsequent offense within a one-year period following the first offense.
(2) Upon failure of the individual to pay the administrative fine within 90 days of the day of the fine, the Municipal Court shall notify the State Department of Public Safety, and pursuant to 10A O.S. § 2-8-224(B) the Department of Public Safety shall suspend or not issue a driver’s license to the individual until proof of payment has been furnished to the Department of Public Safety.
(Ord. 10-502, passed 4-23-2019; Ord. 10-518, passed 10-23-2019)