(A) Underage tobacco sales. No retailer may sell or distribute tobacco products to any person under 18 years of age.
(B) Identification verification.
(1) Each retailer shall request and examine the photographic identification of any person purchasing tobacco products so as to verify that the purchaser is over 18 years of age.
(2) No such verification is required for any person who appears without reasonable doubt to be over the age of 27.
(C) Distribution of tobacco product samples prohibited. No person shall give away, barter, exchange, distribute or in any way dispense free of charge or at nominal cost any tobacco product samples, and/or any coupon redeemable for any tobacco products, on any public street, alley, sidewalk or in any public park, ground or playground, or in areas open to the public in any publicly owned or operated building or at any place located within 500 feet of any building or other location used primarily as a school, child care facility, or for the education or recreation of children under 18 years of age.
(D) Prohibited locations.
(1) No retailer shall sell or distribute tobacco products at any place located within 500 feet of any building or other location used primarily as a school, child care facility or for the education or recreation of children under 18 years of age.
(2) This prohibition shall not apply to those businesses engaged in the retail sale of tobacco products at a location that would otherwise be prohibited by this subchapter that were in existence prior to passage of this subchapter.
(3) This exemption shall apply to any owner at the same location providing the same service.
(E) Restrictions on tobacco product vending machines.
(1) No retailer shall sell or distribute tobacco products through a vending machine unless the vending machine is located:
(a) In an area of factories, businesses, offices, private clubs and other places not open to the public; or
(b) In taverns.
(2) Tobacco products may be sold or distributed by a tobacco product vending machine in a tavern only in the following ways:
(a) The tobacco product vending machine must be placed at a distance of a minimum of 25 feet from any entrance to the premises; and
(b) The tobacco product vending machine must be directly visible by the owner or the lessee of the premises, or his or her employees or agent during the operation of the vending machine.
(F) Posting of warning to minors.
(1) Every retailer of tobacco products shall place and maintain, in legible condition, at each point of sale of tobacco products to consumers, including the front of each vending machine, a sign stating:
WARNING
IT IS A VIOLATION OF THE LAW FOR CIGARETTES OR OTHER TOBACCO PRODUCTS TO BE SOLD TO ANY PERSON UNDER THE AGE OF 18
(2) The sign shall not be less than eight inches by 11 inches in size, except for a sign placed on the front of a vending machine, the sign for a vending machine shall not be less than four inches by four inches in size.
(3) The text of the printed card shall be in red letters on a white background, the letters to be at least one inch high.
(G) Self-service sales prohibited.
(1) It shall be unlawful to sell, offer for sale, give away or display tobacco products for sale at any location where the consumer can acquire products through self-service.
(2) All tobacco products will be displayed from behind a sales/service counter so that no consumer can access tobacco products without assistance by an employee of the licensee.
(3) This restriction shall not apply to customer self-service as described in division (E) above.
(H) Minimum age to sell tobacco products. It shall be unlawful for any licensee or any officer, associate, member, representative, agent or employee of the licensee to engage, employ or permit any person under 18 years of age to sell tobacco products in any licensed premises.
(Ord. 04-843, passed 2-12-2004)