(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PERSON. Any individual, firm, fiduciary, partnership, corporation, trust or association, however formed.
PROOF OF AGE. A driver’s license, license for identification only, or other generally accepted means of identification that describes the individual as 18 years of age or older and contains a photograph or other likeness of the individual and appears on its face to be valid.
SAMPLE. A tobacco product distributed to members of the public at no cost for the purpose of promoting the product.
SAMPLING. The distribution of samples to members of the public in a public place.
TOBACCO PRODUCT. Any product that contains tobacco and is intended for human consumption.
(B) Unlawful to sell or furnish.
(1) Prohibition. It is unlawful for any person to sell or furnish in any manner any tobacco product to another person who is under 18 years of age, or to purchase in any manner a tobacco product on behalf of any such person. However, it shall not be unlawful for an employee under 18 years of age to handle such products when required in the performance of the employee’s duties.
(2) Demand proof of age. A person engaged in the sale or distribution of tobacco products shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser may be under 18 years of age.
(C) Unlawful to purchase, accept or possess. It is unlawful for a person who is under 18 years of age to purchase, accept receipt of, or have in their possession a tobacco product, or to present or offer to any person any purported proof of age which is false, fraudulent or not actually his or her own, for the purpose of purchasing or receiving any tobacco product. It shall not be unlawful for such a person to handle such tobacco product when required in the performance of such person’s duties.
(D) Distribution of tobacco samples.
(1) Prohibition. It shall be unlawful for any person to distribute tobacco product samples to any person under 18 years of age.
(2) Distributing near school or playground. Notwithstanding division (D)(1) above, no person shall distribute tobacco product samples in or on any public street, sidewalk or park that is within 300 feet of any playground, school or other facility when the facility is being used primarily by persons under 18 years of age.
(E) Sale of cigarettes in original package. It is unlawful for any person to sell cigarettes except in the original, sealed package in which they were placed by the manufacturer.
(Prior Code, § 5-5-3) Penalty, see § 132.99