(A) Vending machines and sales to minors prohibited. The U.S. Surgeon General has repeatedly stated that cigarette smoking is a leading cause of cancer, heart disease, and various other medical disorders. The Director of the National Institute on Drug Abuse has found that the majority of Americans who die each year from cigarette smoking became addicted to nicotine as adolescents before the legal age of majority. The Director of the National Institute on Drug Abuse found that cigarette smoking may be predictive of adolescent illicit drug use. Cigarette vending machines have provided minors with easy access to cigarettes in contravention of the public policy of the state and city.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISTRIBUTION. To give, sell, deliver, dispense, issue or offer to give, sell, deliver, dispense or issue.
EMPLOYEE. Any person who may be required to or directed by any employer in consideration of direct or indirect gain or profit, to engage in any employment, or to go, or work, or be at any time in any place of employment.
EMPLOYER. Any person, firm, corporation, agent, manager, representative or other person having control or custody of any employment, place of employment or employee.
ESTABLISHMENT. Any physical facility operated by a commercial enterprise, nonprofit entity, government agency or other person.
MINOR. A person under 18 years of age.
ORGANIZATION. A corporation for profit, or not-for-profit, partnership, limited partnership, joint venture, unincorporated association, estate, trust, or other commercial legal entity.
(C) Illegal distribution of cigarettes or other tobacco products. No manufacturer, producer, distributor, wholesaler or retailer of cigarettes or other tobacco products, or any agent, employee or representative of a manufacturer, producer, distributor, wholesaler or retailer of cigarettes or other tobacco products shall do any of the following:
(1) Give, sell or otherwise distribute cigarettes or other tobacco products to any minor;
(2) Give, sell or otherwise distribute cigarettes or other tobacco products in any place that does not have posted in a conspicuous place a sign stating that giving, selling or otherwise distributing cigarettes or tobacco products to a person under 18 years of age is prohibited by law; or
(3) Give, sell or otherwise distribute cigarettes or other tobacco products to any person without first verifying, by a photo identification, such as a driver's license, that the person is 18 years of age or older.
(D) Cigarette vending machines prohibited.
(1) (a) The sale or distribution of cigarettes or any tobacco product by the use of a vending machine is prohibited.
(b) No person or business entity of any type shall permit, facilitate or condone the sale or distribution of any cigarette or other tobacco product by a vending machine at their establishment.
(2) Exceptions.
(a) An employer may provide cigarette or other tobacco product vending machines for employees at the employer's work establishment if the vending machines are not accessible to the public, and persons under 18 years of age are not employees of the establishment. The employer must certify in writing to the Chief of Police that there are no other acceptable alternatives for the sale or distribution of tobacco products at the establishment, and that persons under 18 years of age are not employed at the establishment.
(b) Licensed liquor establishments may provide tobacco product vending machines if the machines are not accessible to minors.
(E) Cigarette purchase, possession by minors is prohibited. No person under 18 years of age shall purchase, possess or consume in any manner or form cigarettes or any tobacco product.
(F) Possession. Possession is not an offense if the person under 18 years of age was in possession of an unopened container or containers of the cigarette or other tobacco product while performing their specified duties at a lawful place of employment.
(G) Parent, guardian, caretaker. No parent, guardian or caretaker shall permit, allow, condone or facilitate a person under 18 years of age to purchase, possess or consume in any manner or form cigarettes or any tobacco product.
(Ord. 1155, passed - -01) Penalty, see § 130.99