(a) No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes or other tobacco products or product paraphernalia, or any agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes or other tobacco products or product paraphernalia shall do any of the following:
(1) Give, sell, discount, or otherwise distribute cigarettes, other tobacco products, or product paraphernalia to any person under twenty-one (21) years of age, including but not limited to samples of any tobacco products free of charge or at a nominal cost. The distribution of tobacco products as a free donation is prohibited.
(2) Give, sell, discount, or otherwise distribute cigarettes, other tobacco products, or product paraphernalia in any place that does not have posted in a conspicuous place a sign stating that giving, selling or otherwise distributing cigarettes, or other tobacco products, or product paraphernalia to a person under twenty-one (21) years of age is prohibited by law.
(3) Give, sell, discount, or otherwise distribute cigarettes, other tobacco products, or product paraphernalia without viewing proof of age demonstrating the recipient is at least twenty-one (21) years of age, except that no such verification is required for a recipient over the age of thirty (30). That a person appeared to be over the age of thirty (30) shall not constitute a defense to a violation of this section.
(4) Sell or offer for sale any flavored tobacco product.
(b) No person shall give, sell or offer to sell cigarettes, other tobacco products, or product paraphernalia by or from a vending machine, unless the owner or operator of the vending machine has obtained a license in accordance with this chapter.
(Ord. 2023-22. Passed 9-5-23.)