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Each retailer shall notify each individual employed by the retailer who is to be engaged in retail sales of cigarettes or tobacco products that state law:
(a) Prohibits the sale or distribution of cigarettes or tobacco products to any person who is younger than 18 years of age as provided in § 29.5-9 and that a violation of this provision is a Class C misdemeanor; and
(b) Prohibits the sale or distribution of cigarettes or tobacco products to any person who is younger than 27 years of age unless the person to whom the cigarette or tobacco product is sold or given presents an apparently valid proof of identification as provided by § 29.5-12.
(Ord. 17719, § 1, passed 8-21-2007)
(a) A person commits an offense if he or she distributes to persons younger than 18 years of age:
(1) A free sample of a cigarette or tobacco product; or
(2) A coupon or other item that the recipient may use to receive a free or discounted cigarette or tobacco product or a sample cigarette or tobacco product.
(b) A person commits an offense if the person sells cigarettes in quantities less than an individual package containing at least 20 cigarettes.
(c) Retail smoke shops shall be prohibited within 300 feet of schools, universities and hospitals.
(Ord. 17719, § 1, passed 8-21-2007; Ord. 23047-12-2017, § 3, passed 12-12-2017, eff. 3-12-2018)
(a) A person who is younger than 18 years of age commits an offense if that person:
(1) Possesses, purchases, consumes or accepts receipt of a cigarette or tobacco product; or
(2) Falsely represents himself or herself to be 18 years of age or older by displaying proof of age that is false, fraudulent or not actually his or her own for the purpose of possessing, purchasing, consuming or receiving a cigarette or tobacco product.
(b) It is an exception to this section that the minor possessed, purchased, consumed or received the cigarette or tobacco product in the presence of the minor’s parent, guardian or spouse.
(c) It is an exception to this section that the minor possessed or received the cigarette or tobacco product in the presence of the minor’s employer, if possession or receipt of the tobacco product is required in the performance of the employee’s duties as an employee.
(d) It is exception to the application of this section that the individual younger than 18 years of age is participating in an inspection or test compliance of the ordinance.
(e) In addition to assessing a fine, the court may require the minor to attend a smoking awareness course and the court may require the parent or guardian of the minor to attend the course with the minor.
(f) If a smoking awareness course is not readily available, the court may require the minor to perform additional tobacco-related community service hours.
(Ord. 17719, § 1, passed 8-21-2007)
(a) A sign containing an advertisement for cigarettes or tobacco products may not be located closer than 1,000 feet to a school.
(b) The measurement of the distance between the sign containing an advertisement for cigarettes or tobacco products is from the nearest property line of the school to a point on a street or highway closest to the sign, along street lines and in direct lines across intersections.
(c) This section does not apply to a sign located on or in a facility owned or leased by a professional sports franchise or in a facility where professional sports events are held at least ten times during a 12- month period.
(d) A
SIGN in this section shall mean an outdoor medium, including a structure, display, light device, figure, painting, drawing, message, plaque, poster or billboard that is:
(1) Used to advertise or inform; or
(2) Visible from the main-traveled way of a street or highway.
(Ord. 17719, § 1, passed 8-21-2007)
(a) The public health department shall be primarily responsible for the implementation and enforcement of this chapter.
(b) A citizen may file a complaint with the public health department.
(c) Any owner, manager, operator or employer of any establishment regulated by this chapter must inform persons violating this chapter of the appropriate provisions thereof.
(d) The public health department shall investigate complaints and may issue warnings and citations to persons violating this chapter.
(Ord. 17719, § 1, passed 8-21-2007)
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