A. Underage Persons:
1. Prohibited Sales And Delivery: It shall be unlawful for any person, including any tobacco vendor, to sell, offer for sale, give away or deliver tobacco products to any person under the age of eighteen (18) years.
2. Proof Of Identification: If any person contemplating the sale or furnishing of tobacco products believes or has reason to believe that a sale or delivery of tobacco products is prohibited because of the age of the prospective recipient, he or she shall, before making such sale or delivery, demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his or her official duties.
3. Signs Posted: Signs informing the public of the age restrictions provided for herein shall be posted by every licensee at or near every display of tobacco products and on or upon every vending machine which offers tobacco products for sale. Each such sign shall be plainly visible and shall state:
THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW.
B. Distributions On Public Ways Prohibited: It shall be unlawful for any tobacco vendor or any person in the business of selling or otherwise distributing, promoting or advertising tobacco products, or any employee or agent of any such tobacco vendor or person, in the course of such tobacco vendor's or person's business, to distribute, give away, or deliver tobacco products free of charge to any person on any right of way. (Ord., 11-10-1998)
C. Permitted Vending Machine Locations: Tobacco products listed herein may be sold through a vending machine only in the following locations:
1. Factories, businesses, offices, private clubs, and other places not open to the general public.
2. Places to which minors under eighteen (18) years of age are not permitted access.
3. Places where alcoholic beverages are sold and consumed on the premises.
4. Places where the vending machine is under the direct supervision of the owner of the establishment or an employee over eighteen (18) years of age. The sale of tobacco products from a vending machine under direct supervision of the owner or an employee of the establishment is considered a sale of tobacco products by that person. As used in this subsection B4, "direct supervision" means that the owner or employee has an unimpeded line of sight to the vending machine.
5. Places where the vending machine can only be operated by the owner or an employee over the age of eighteen (18) either directly or through a remote control device if the device is inaccessible to all customers.
D. Sales From Lunch Wagons: The sale or distribution, at no charge, of cigarettes from a lunch wagon engaging in any sales activity within one thousand feet (1,000') of any public or private elementary or secondary school grounds is prohibited. (2004 Code)
E. Penalty: Any person, firm, business or corporation who violates any of the provisions of this section shall, in addition to such other relief as the law may afford, be punishable as provided in section 1-4-1 of this code. (Ord., 11-10-1998; amd. 2004 Code)