(a) An underage person under the age of 21 shall not:
(1) Allow, attempt, aid and abet, or purchase a tobacco product;
(2) Allow, attempt, or aid and abet, or possess a tobacco product;
(3) Allow, attempt, or aid and abet, or use a tobacco product; and/or
(4) Allow, attempt, or aid and abet, presentation of incorrect proof of age for the purpose of acquiring, or attempting to acquire, purchase, or possess a tobacco product.
(b) An individual who violates subsection (a), or any provision under subsection (a)(1), is guilty of a misdemeanor punishable by a fine not more than fifty dollars ($50.00) for each violation. The court may also require through a probation order, participation in a health promotion and risk reduction assessment program. An individual ordered to participate in such program is responsible for the cost of participation in the program. The court further, for a first violation, may order the individual to perform not more than sixteen hours of community service in a hospice, nursing home, or a long term care facility, or participate in a health promotion and risk reduction program. For a second violation, in addition to participation in a health promotion or a risk reduction program, the court may order the individual to perform not more than 32 hours of community service in a hospice, nursing home, or a long term care facility. For any third or subsequent violation, in addition to participation in a health promotion and risk reduction, the court may order the individual to perform not more than 48 hours of community service in a hospice, nursing home, or long term care facility.
(c) This section does not apply to a minor who purchases or receives tobacco product as part of a police operation, at the direction of the state police, or a local police agency, unless the purchase or receipt is not under the direction of the police agency who was not part of the police operation. This section further, shall not apply to compliance checks in which a minor attempts to purchase tobacco products for satisfying federal substance abuse block grant, youth tobacco access requirements and if such compliance checks are conducted under the direction of a substance abuse coordinating agency defined in the Public Health Code, 1978 Public Act 368 as amended and with the prior approval of the state police or local police agency. This section further, shall not apply to the handling and transportation of a tobacco product by a minor under the terms of the minors employment.
(Ord. 434. Passed 5-30-17; Ord. 434-A. Passed 9-26-22.)