A. Restrictions:
1. Age Restriction: It shall be unlawful for any person, including any licensee, to sell, offer for sale, give away or deliver tobacco products or alternative nicotine products by any means to any person under the age of twenty one (21) years.
2. Signs: Signs informing the public of the age restrictions provided for in this section shall be posted by every licensee at or near every display of tobacco products or alternative nicotine products for sale. Each such sign shall be plainly visible and shall state:
The sale of tobacco products or alternative nicotine products to persons under twenty-one years of age is prohibited by law under penalty of fines of up to seven hundred and fifty dollars ($750.00). Persons under twenty-one years of age who possess tobacco products or alternative nicotine products or misrepresent their age by any means whatsoever are subject to assessment of fines of two hundred and fifty dollars ($250.00) for each subsequent offense.
The text of such signs shall be in red letters on a white background, at least one inch (1") high and shall be in addition to any other warnings required by statute or ordinance.
3. Self-Service Sales Prohibited: It shall be unlawful to sell, offer for sale, give away, or display tobacco products or alternative nicotine products for sale at any location where the consumer can acquire those products through self-service. All tobacco products or alternative nicotine products will be displayed from behind a sales/service counter so that no consumer can access tobacco products or alternative nicotine products without assistance by an employee of the licensee.
B. Minimum Age To Sell Tobacco Products Or Alternative Nicotine Products:
1. It shall be unlawful for any licensee and/or any officer, associate, member, representative, agent or employee of such licensee, to engage, employ or permit any person under twenty one (21) years of age to sell tobacco products or alternative nicotine products in any licensed premises.
C. Purchase, Use Or Possession Of Tobacco Products Or Alternative Nicotine Products By Minors Or Underage Persons Prohibited:
1. Except as provided in this section, it shall be unlawful for any person under the age of twenty one (21) years to purchase, possess, or use alternative nicotine products or tobacco products, cigarette papers or paraphernalia that is designed for the smoking or ingestion of tobacco products, or to misrepresent his age, or to use any false or altered identification for the purpose of purchasing tobacco products or alternative nicotine products.
2. It shall not be a violation of this section for a person under twenty one (21) years of age to use any tobacco products or alternative nicotine products where:
a. Such use takes place under the direction, supervision and approval of the parent, parents, or legal guardian of such person; and
b. Such use takes place in the privacy of a home or established place of worship or tribal meeting place; provided, however, where such use takes place in an established place of worship or tribal meeting place such use shall not be a violation only where use is in the performance of a religious service or tribal ceremony and the religious group or tribe is legally established and recognized by the State.
D. Penalties:
1. Violation Of Restrictions: Any person who violates subsection A of this section shall be subject to a fine in accordance with the general penalty set forth in section 1-4-1 of this Code for each and every offense.
2. Minimum Age To Sell; Purchase, Use Or Possession By Minors Or Underage Persons: Any person who violates subsection B or C of this section shall be subject to a fine of two hundred fifty dollars ($250.00) for each and every offense.
3. Alternative Penalty: If the offense is related to subsection C of this section and the minor or underage person is a first-time offender and is enrolled as a full-time student at a school located in the City, the court or Administrative Adjudication Hearing Officer may assign the offender to a diversion and education program that is approved by Maine Township High School District 207 or Township High School District 214. The violator shall pay for the cost of the program. (Ord. M-1-19, 1-22-2019)