§ 123.04  PROHIBITED SALES, DELIVERY; SIGNS.
   (A)   It shall be unlawful for any person, including any licensee, to sell, offer for sale, give away or deliver alternative nicotine product, electronic cigarette, tobacco products, tobacco accessories, and/or smoking herbs to any person who is under the age of 21 years.
   (B)   Signs informing the public of the age restrictions provided for herein shall be posted by every licensee at or near every display of alternative nicotine products, electronic cigarettes, tobacco products, tobacco accessories and smoking herbs and on or near every tobacco vending machine.  Each such sign shall be plainly visible from the point of purchase and shall state:
   "THE SALE OF ALTERNATIVE NICOTINE PRODUCT, ELECTRONIC CIGARETTE, TOBACCO PRODUCTS, TOBACCO ACCESSORIES AND SMOKING HERBS TO PERSONS UNDER TWENTY-ONE YEARS OF AGE AND THE MISREPRESENTATION OF AGE TO PROCURE SUCH A SALE IS PROHIBITED BY LAW."
   The text of such signs shall be in red letters on a white background, said letters to be at least one inch high.
   (C)   It shall be unlawful for any person to sell, offer for sale, give away or deliver alternative nicotine products, electronic cigarettes, tobacco products, tobacco accessories, and/or smoking herbs within 100 feet of any school, playground, sports facility, park, child care facility or other building used for education or recreational programs for persons under the age of 21 years.
   (D)   It shall be unlawful for any licensee or any person in the business of selling or otherwise distributing, promoting or advertising alternative nicotine products, electronic cigarettes, tobacco products, tobacco accessories or smoking herbs, or any employee or agent of any such licensee or person, in the course of such licensee's or person's business, to distribute, give away or deliver alternative nicotine products, electronic cigarettes, tobacco products, tobacco accessories, or smoking herbs free of charge to any person on any right-of-way, park, playground or other property owned by the city, any school district, or any public library.
   (E)   Every act or omission of whatsoever nature, constituting a violation of any of the provisions of this chapter by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of such licensee; and such licensee shall be punishable in the same manner as if such act or omission had been done or omitted by the licensee personally.
(Ord. 7860, passed 10-1-96; Am. Ord. 7883, passed 2-4-97; Am. Ord. 8475, passed 4-4-06; Am. Ord. 9202, passed 5-7-19) Penalty, see § 123.99