(A) It shall be unlawful and an offense for any person to distribute tobacco product samples to any person under 18 years of age.
(B) (1) Notwithstanding division (A) of this section, 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.
(2) It shall be unlawful for any person or retail store to display or offer for sale tobacco products in any manner that allows public access to the tobacco product without assistance from the person displaying the tobacco product or an employee or owner of the store. The provisions of this division shall not apply to a retail store which does not admit into the store person under the age of 18 years of age.
(C) Any person violating the provisions of divisions (A) or (B) of this section shall be guilty of an offense and upon conviction shall be punished by a fine of not more than $90.00, excluding costs and assessments, for the first offense within a one-year period; not more than $150.00, excluding costs and assessments, for the second offense within a one-year period; and not more than $200.00, excluding costs and assessments, for a third or subsequent offense within a one-year period.
(D) Upon failure of the individual to pay any fine within 90 days of the assessment of such fine, the Clerk of the Municipal Court shall notify the Department of Public Safety, and the Department shall suspend or not issue a driver’s license to the individual until proof of payment has been furnished to the Department of Public Safety.
(Ord. 3097, passed 12-18-01; Am. Ord. 3225, passed 9-20-11)