A. Definitions: For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them:
ALTERNATIVE NICOTINE PRODUCTS: | A product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. "Alternative nicotine product" excludes tobacco products and electronic cigarettes as these terms are defined in section 3-10-6 and this section of this chapter and any product approved by the United States Food and Drug Administration as a non-tobacco product for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose. |
ELECTRONIC CIGARETTE: | 1. Any device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation; 2. Any cartridge or container of a solution or substance intended to be used with or in the device or to refill the device; or 3. Any solution or substance, whether or not it contains nicotine intended for use in the device. "Electronic cigarette" includes, but is not limited to, any electronic nicotine delivery system, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, or similar product or device, and any components or parts that can be used to build the product or device. "Electronic cigarette" does not include tobacco product and alternative nicotine product as defined in this Section; any product approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose; any asthma inhaler prescribed by a physician for that condition and is being marketed and sold solely for that approved purpose; or any therapeutic product approved for use under the Compassionate Use of Medical Cannabis Pilot Program Act. |
NICOTINE: | Any form of the chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived. |
VENDING MACHINE: | Any mechanical electric or electronic, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses alternative nicotine products. |
B. Age Restrictions; Signs: A person, either directly or indirectly by an agent or employee, or by a vending machine owned by the person or located in the person's establishment, may not sell, offer for sale, give, or furnish any alternative nicotine product, or any cartridge or component of an alternative nicotine product, or any electronic cigarette to a person under twenty one (21) years of age. 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 or any electronic cigarette and on or upon every vending machine which offers alternative nicotine products for sale. Each such sign shall be plainly visible and shall state:
A person under twenty one (21) years shall not possess an alternative nicotine product or electronic cigarette.
C. Verification Of Age: Before selling, offering for sale, giving, or furnishing an alternative nicotine product, or any cartridge or component of an alternative nicotine product, or any electronic cigarette to another person, the person selling, offering for sale, giving, or furnishing the alternative nicotine product or any electronic cigarette shall verify that the person is at least twenty one (21) years of age by:
1. Examining from any person that appears to be under thirty (30) years of age a government-issued photographic identification that establishes the person is at least twenty one (21) years of age; or
2. For sales made through the internet or other remote sales methods, performing an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the person during the ordering process that establishes the person is twenty one (21) years of age or older.
D. Purchase By Persons Under Twenty One (21) Prohibited: It shall be unlawful for any person under the age of twenty one (21) years to purchase alternative nicotine products or any electronic cigarette, or to misrepresent their identity or age, or to use any false or altered identification for the purpose of purchasing alternative nicotine products.
E. Possession By Persons Under Twenty One (21) Prohibited: It shall be unlawful for any person under the age of twenty one (21) years to possess any alternative nicotine products or any electronic cigarette, provided that the possession by a person under the age of twenty one (21) years under the direct supervision of the parent or guardian of such person in the privacy of the parent's or guardian's home shall not be prohibited. (Ord. 2018-12, 3-27-2018; amd. Ord. 2019-25, 6-25-2019)