(A) Minor defined. MINOR is any natural person who has not yet reached the age of 21 years.
(B) Possession by minor. It is unlawful for any minor to have in his or her possession any tobacco, tobacco product or tobacco related device. This division (B) shall not apply to minors lawfully involved in a compliance check on behalf of the city.
(C) Use by minor. It is unlawful for any minor to smoke, chew, sniff or otherwise use any tobacco, tobacco product or tobacco related device.
(D) Procurement by or for minor. It is unlawful:
(1) For any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco products or tobacco related device;
(2) For any person to purchase or otherwise obtain the items on behalf of a minor;
(3) For any person to sell or otherwise provide any tobacco, tobacco product or tobacco related device to any minor;
(4) For any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product or tobacco related device; and
(5) This division (D) shall not apply to minors lawfully involved in a compliance check on behalf of the city.
(E) False identification. It is unlawful for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one in which the age of the person has been modified or tampered with to represent an age older than the actual age of the person.
(F) Exceptions and defenses. Nothing in this section shall prevent the providing of tobacco, tobacco products or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual or cultural ceremony. It is an affirmative defense to the violation of this section for a person to have reasonably relied on proof of age as described by state law.
(2003 Code, § 8.03) (Ord. 80, passed 10-30-1998; Ord. 219, passed 8-21-2023) Penalty, see §
10.99