A. Definitions:
ELECTRONIC CIGARETTE: | Means any device that can be used to deliver aerosolized or vaporized nicotine or synthetic nicotine material to the person using the device and includes any component, part and accessory of the device and any vapor material intended to be aerosolized or vaporized during the use of the device. "Electronic cigarette" includes, without limitation, any electronic cigar, electronic cigarillo, electronic pipe, electronic hooka, vapor pen and any similar product or device. "Electronic cigarette" does not include a battery or battery charger if sold separately from the electronic cigarette and does not include any product regulated as a drug or device by the United States food and drug administration under subchapter V of the Food, Drug and Cosmetic Act. |
RETAILER: | mmeans any business of any kind at a specific location that sells nicotine product to a user or consumer. |
TOBACCO PRODUCTS: | Means any product made or derived from tobacco that contains nicotine, including, but not limited to, cigarettes, electronic cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco. |
B. No person under the age of twenty-one (21) years shall purchase tobacco products or electronic cigarettes, or misrepresent his or her identity or age, or use any false or altered identification for the purpose of purchasing tobacco products or electronic cigarettes.
C. It is unlawful for any person under the age of twenty-one (21) to possess or use any tobacco products or electronic cigarettes.
D. No individual or retailer shall sell, offer for sale, give away or deliver tobacco products or electronic cigarettes to any person under the age of twenty-one (21) years.
E. Any person who violates subsections B or C of this section is guilty of a misdemeanor punishable by a fine of twenty-five dollars ($25.00). In lieu of a fine, the court may allow the defendant to perform community service or attend a tobacco or nicotine cessation program and be granted credit against his fine and court costs at the rate of ten ($10) for each hour of work performed or each hour of tobacco or nicotine cessation program attended.
F. Any person who violates subsection E of this section is guilty of a misdemeanor punishable by a fine according to state law. (Ord. 2018-07, 5-1-2018; amd. Ord. 2020-16, 1-19-2021)