A. Definitions: The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
PERSON: Any individual, firm, fiduciary, partnership, corporation, trust, or association, however formed.
PROOF OF AGE: A driver's license, license for identification only, or other generally accepted means of identification that describes the individual as twenty-one (21) years of age or older and contains a photograph or other likeness of the individual and appears on its face to be valid.
SAMPLE: A tobacco or vapor product distributed to members of the public at no cost for the purpose of promoting the product.
SAMPLING: The distribution of samples to members of the public in a public place.
TOBACCO PRODUCT: Any product that contains tobacco and is intended for human consumption.
TRANSACTION SCAN: The process by which a seller checks, by means of a transaction scan device, the validity of a driver's license or other government issued photo identification.
TRANSACTION SCAN DEVICE: Any commercial device or combination of devices used at a point of sale or entry that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver's license or other government issued photo identification.
VAPOR PRODUCT: Any noncombustible products, that may or may not contain nicotine, that employ a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form. "Vapor products" shall include any vapor cartridge or other container with or without nicotine or other form that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of a solution, that may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo or electronic device.
B. Furnishing Of Tobacco And Vapor Products To Minors Prohibited:
1. It is unlawful for any person to sell or furnish in any manner any tobacco or vapor product to another person who is under twenty-one (21) years of age, or to purchase in any manner a tobacco or vapor product on behalf of any such person.
2. It shall not be unlawful for an employee under twenty-one (21) years of age to handle tobacco or vapor products when required in the performance of the employee's duties.
3. A person engaged in the sale or distribution of tobacco or vapor products shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser may be under twenty-one (21) years of age.
4. If an individual engaged in the sale or distribution of tobacco or vapor products has demanded proof of age from a prospective purchaser or recipient who is not under twenty-one (21) years of age, the failure to subsequently require proof of age shall not constitute a violation of subsection B3 of this section.
5. If a sale is made in violation of this section by an employee of the owner of a store at which tobacco or vapor products are sold at retail, the employee shall be guilty of the violation and shall be subject to the fine.
6. If a sale is made in violation of this section by an employee who has previously been twice found to be in violation of this subsection B, the owner of the store, if the owner knew of the employee's previous violations, shall also be found to be in violation and shall be subject to an identical fine.
7. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age shall be a defense to any action brought pursuant to this subsection B.
8. For the purposes of determining liability of a person controlling franchises or business operations in multiple locations for any violation of subsection B1 or B2 of this section, each individual business franchise or business location shall be deemed a separate entity.
9. Any person who shall violate this subsection B shall be guilty of an offense and upon conviction thereof may be assessed a fine of not more than one hundred dollars ($100.00) plus costs, fees and assessments for the first offense within a one year period.
10. Any person who shall violate this subsection B shall be guilty of an offense and upon conviction thereof may be assessed a fine of not more than two hundred dollars ($200.00) plus costs, fees and assessments for the second or subsequent offense within a two (2) year period.
11. Upon failure of any person to pay any fine authorized by this subsection B within ninety (90) days of the assessment of such fine, the Court Clerk shall notify the Oklahoma Department of Public Safety as the department is authorized to suspend or not issue a driver's license to the person until proof of payment has been provided.
C. Purchase, Receipt Or Possession Of Tobacco Or Vapor Products By Minors Prohibited:
1. Except as provided under subsection B of this section, it shall be unlawful for a person who is under twenty-one (21) years of age to purchase, receive, or have in their possession a tobacco or vapor product, or to present or offer to any person any purported proof of age which is false or fraudulent, for the purpose of purchasing or receiving any tobacco or vapor product.
2. Upon conviction of an individual for an offense under subsection C1 of this section, the court may:
a. Impose a fine not to exceed one hundred forty nine dollars ($149.00) plus costs, fees and assessments for a first offense;
b. Impose a fine of up to two hundred dollars ($200.00) plus costs, fees and assessments for a second or subsequent offense within a two (2) year period following the first offense.
c. Upon failure of the defendant to pay any fine authorized by this subsection C within ninety (90) days of the day of the assessment of such fine, the Court Clerk shall notify the Department of Public Safety, as such department is authorized to suspend or not issue a driver's license to the person until the required evidence or proof of payment has been provided.
D. Distribution Of Tobacco Or Vapor Product Samples Restricted:
1. It shall be unlawful for any person to distribute tobacco or vapor product samples to any person under twenty-one (21) years of age.
2. Notwithstanding subsection D1 of this section, no person shall distribute tobacco or vapor product samples in or on any public street, sidewalk, or park that is within three hundred feet (300') of any playground, school, or other facility when the facility is being used primarily by persons under twenty-one (21) years of age.
3. Any person who violates subsection D1 or D2 of this section shall be guilty of an offense and upon conviction thereof may be assessed a fine of not to exceed one hundred dollars ($100.00), plus costs, fees and assessments for the first offense.
Any person who violates subsection D1 or D2 of this section shall be guilty of an offense and upon conviction thereof may be assessed a fine of not more than two hundred dollars ($200.00) plus costs, fees and assessments for second or subsequent offenses within a one year period.
4. Upon failure of an individual to pay any fine assessed pursuant to this subsection D within ninety (90) days of the assessment of such fine, the Court Clerk shall notify the Department of Public Safety, as the department is authorized to suspend or not issue a driver's license to the person until proof of payment has been provided.
E. Sale Of Tobacco Except In Original, Sealed Packaging Prohibited:
1. It is unlawful for any person to sell cigarettes except in the original, sealed package in which they were placed by the manufacturer.
2. Any person who violates subsection E1 of this section shall be guilty of an offense and upon conviction thereof may be assessed a fine not to exceed two hundred dollars ($200.00) for each offense.
F. Reporting: The City Clerk shall furnish any information or reports required of or requested by the Oklahoma Alcoholic Beverage Laws Enforcement (ABLE) Commission in the form, manner and time as may be determined by the ABLE Commission. (Ord. 1786, 11-13-2018; amd. Ord. 1842 6-27-2023)