A. Underage Tobacco Sales:
1. No retailer may sell or distribute tobacco products, electronic cigarettes, and alternative nicotine products to any person under twenty-one (21) years of age.
2. Each retailer shall request and examine the photographic identification of any person purchasing tobacco products, electronic cigarettes or alternative nicotine products who appears without reasonable doubt to be under the age of thirty (30) years.
B. Sale Of Tobacco Products Other Than In Sealed Packages: No retailer may break or otherwise open any cigarette or smokeless tobacco package to sell or distribute individual cigarettes or a number of unpackaged cigarettes that is smaller than the minimum cigarette package size of twenty (20) cigarettes or any quantity of cigarette tobacco or smokeless tobacco that is smaller than the smallest package distributed by the manufacturer for individual consumer use.
C. Distribution Of Tobacco Product Samples Prohibited: No person shall give away, barter, exchange, distribute or in any way dispense free of charge or at nominal cost any tobacco product samples or any coupon redeemable for any tobacco products, on any public street, alley, sidewalk or in any public park, ground or playground, or in areas open to the public, in any publicly owned or operated building, or at any place located within one hundred feet (100') of any building location used primarily as a school, childcare facility or for the education or recreation of children under twenty-one (21) years of age.
D. Prohibited Locations: No retailer shall sell or distribute tobacco products, electronic cigarettes or alternative nicotine products at any place located within one hundred feet (100') of any building or other location used primarily as a school, childcare facility or for the education or recreation of children under twenty-one (21) years of age. This prohibition shall not apply to those businesses engaged in the retail sale of tobacco products, electronic cigarettes or alternative nicotine products at a location that would otherwise be prohibited by this chapter that were in existence prior to passage of this chapter. This exemption shall apply to any new owner at the same location providing the same services.
E. Self-Service Prohibited: It shall be unlawful to sell, offer for sale, give away or display tobacco products, electronic cigarettes or alternative nicotine products for sale at any location where the consumer can acquire those products through self-service. All tobacco products, electronic cigarettes or alternative nicotine products will be displayed from behind a sales/service counter so that no consumer can access tobacco products, electronic cigarettes or alternative nicotine products without assistance by an employee of the licensee. This restriction shall not apply to customer self-service from vending machines as described in subsection 5-4-4
D of this chapter.
F. Restrictions On Vending Machines: No retailer shall sell or distribute tobacco products, electronic cigarettes or alternative nicotine products through a vending machine unless the vending machine is located in an area of factories, businesses, offices, private clubs and other places not open to the public.
G. Posting Of Warning To Minors: Every retailer of tobacco products, electronic cigarettes, and alternative nicotine products shall place and maintain, in legible condition, at each point of sale of tobacco products to consumers, including the front of each vending machine, a sign stating:
THE SALE OF TOBACCO PRODUCTS, ELECTRONIC CIGARETTES OR ALTERNATIVE NICOTINE PRODUCTS TO PERSONS UNDER TWENTY-ONE (21) YEARS OF AGE IS PROHIBITED BY LAW.
The sign shall not be less than eight inches by eleven inches (8" x 11") in size, except for a sign placed on the front of a vending machine. The sign for a vending machine shall not be less than four inches by four inches (4" x 4") in size. The text of such printed card shall be in red letters on a white background, said letters to be at least one inch (1") high.
H. Minimum Age To Sell Products: It shall be unlawful for any retailer to permit or allow any person under sixteen (16) years of age to sell tobacco products, electronic cigarettes or alternative nicotine products in any licensed establishment. This subsection does not apply to a sales clerk in a family-owned business which can prove that the sales clerk is in fact a son or daughter of the owner.
I. Violation: It shall be unlawful for any licensee to sell or possess tobacco products or cigarettes, electronic cigarettes or alternative nicotine products subject to any state or county tax upon which said tax has not been paid or which contains counterfeit state or county tax stamps, improperly stamped packs or unstamped packs in violation of state law or county ordinance.
J. Minimum Age To Purchase Products: It shall be unlawful for any person under twenty-one (21) years of age to purchase any tobacco product, electronic cigarette, or alternative nicotine product. (Ord. O-03-14, 2-10-2014; amd. Ord. O-10-20, 2-10-2020)