(a) Sale or Gift of Tobacco to Persons Under Eighteen. No person, firm, corporation or business entity may sell, give or furnish, or cause to be sold, given or furnished, to any person under the age of eighteen years:
(1) Any pipe, cigarette paper or any other paper prepared, manufactured or made for the purpose of smoking any tobacco or tobacco product;
(2) Any cigar, cigarette, snuff, chewing tobacco or tobacco product, in any form; or
(3) Any tobacco-derived product, alternative nicotine product or vapor product.
(b) Any firm or corporation that violates any provision of subsection (a) hereof and any individual who violates any provision of subsection (a) hereof shall be fined fifty dollars ($50.00) for the first offense. Upon any subsequent violation at the same location or operating unit, the firm, corporation or individual shall be fined as follows: at least two hundred fifty dollars ($250.00) but not more than five hundred dollars ($500.00) for the second offense, if it occurs within two years of the first conviction; at least five hundred dollars ($500.00) but not more than seven hundred fifty dollars ($750.00) for the third offense, if it occurs within two years of the first conviction; and at least one thousand dollars ($1,000) but not more than five thousand dollars ($5,000) for any subsequent offense, if the subsequent offense occurs within five years of the first conviction.
(c) Any individual who knowingly and intentionally sells, gives or furnishes or causes to be sold, given or furnished to any person under the age of eighteen years any cigar, cigarette, snuff, chewing tobacco, tobacco product or tobacco-derived product, in any form, for the first offense shall be fined not more than one hundred dollars ($100.00); upon conviction thereof for a second or subsequent offense shall be fined not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00).
(d) Any employer who discovers that their employee has sold or furnished tobacco products or tobacco-derived products to minors may dismiss such employee for cause. Any such discharge shall be considered as “gross misconduct” for the purposes of determining the discharged employee’s eligibility for unemployment benefits in accordance with the provisions of West Virginia Code 21a-6-3 if the employer has provided the employee with prior written notice in the workplace that such act or acts may result in their termination from employment.
(WVaC 16-9A-2)
(e) Use or Possession of Tobacco or Tobacco-Derived Products by Persons Under the Age of Eighteen Years. No person under the age of eighteen years shall have on or about their person or premises or use any cigarette, or cigarette paper or any other paper prepared, manufactured or made for the purpose of smoking any tobacco products, in any form; or, any pipe, snuff, chewing tobacco, tobacco product or tobacco-derived product; provided, that minors participating in the inspection of locations where tobacco products or tobacco-derived products are sold or distributed pursuant to West Virginia Code 16-9A-7 shall not be deemed to violate the provisions of this subsection (e). Any person violating the provisions of this subsection (e) shall for the first violation be fined fifty dollars ($50.00) and be required to serve eight hours of community service; for a second violation, the person shall be fined one hundred dollars ($100.00) and be required to serve sixteen hours of community service; and for a third and each subsequent violation, the person shall be fined two hundred dollars ($200.00) and be required to serve twenty-four hours of community service. Notwithstanding the provisions of West Virginia Code 49-4-701, the Magistrate Court has concurrent jurisdiction.
(WVaC 16-9A-3)
(f) Definitions; Sale or Gift of Cigarette, Cigarette Paper, Pipe, Cigar, Snuff, Chewing Tobacco, Pipe Tobacco, Roll-Your-Own Tobacco, Tobacco Products, Tobacco-Derived and Alternative Nicotine Product or Vapor Products to Persons Under Eighteen. For purposes of Section 525.05, the term:
(1) “Tobacco product” and “tobacco-derived product” means any product, containing, made or derived from tobacco or containing nicotine derived from tobacco, that is intended for human consumption, whether smoked, breathed, chewed, absorbed, dissolved, inhaled, vaporized, snorted, sniffed or ingested by any other means, including but not limited to cigarettes, cigars, cigarillos, little cigars, pipe tobacco, snuff, snus, chewing tobacco or other common tobacco-containing products. A “tobacco-derived product” includes electronic cigarettes or similar devices, alternative nicotine products and vapor products. “Tobacco product” or “tobacco-derived product” does not include any product that is regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug and Cosmetic Act.
(2) “Alternative nicotine product” means any non-combustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved or ingested by any other means. “Alternative nicotine product” does not include any tobacco product, vapor product or product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug and Cosmetic Act.
(3) “Vapor product” means any non-combustible product containing nicotine that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of shape and size, that can be used to produce vapor from nicotine in a solution or other form. “Vapor product” includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or similar product or device, and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or similar product or device. “Vapor product” does not include any product that is regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug and Cosmetic Act.
(Ord. 2019-2. Passed 6-6-19.)