A. It shall be a violation of this section for any person to sell or offer to sell any tobacco, tobacco product, or tobacco related devices to any person under the age of 21 years, by any means including the use of any type of vending machine, or by any other means prohibited by Federal, State, or other local law, ordinance provision or other regulation.
B. It is unlawful for any person knowingly and intentionally to sell, offer for sale or place in any newspaper, magazine, handbill or online publication any advertisement or proclamation for sale of drug paraphernalia. It shall be a violation of this section and grounds for revocation of a Tobacco License for any licensee to sell or offer to sell any drug paraphernalia to any person. In determining whether an object is drug paraphernalia, the following factors shall be considered:
a. Statements by an owner or by anyone in control of the object concerning its use.
b. The proximity of the object to controlled substances.
c. Instructions, oral or written, provided with the object concerning the object's use.
d. Descriptive materials accompanying the object, which explain or depict the object's use.
e. National and local advertising concerning the object's use.
f. The manner in which the object is displayed for sale.
g. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, for example, a licensed distributor or dealer of tobacco products.
h. Expert testimony concerning the object's use.
[Section 4-907,added by Ord. No .22-06, effective August 4, 2022.]