(1) Subject to subsection (3) below, a minor shall not do any of the following:
(a) Purchase or attempt to purchase a tobacco product, alternative nicotine product or vapor product.
(b) Possess or attempt to possess a tobacco product, alternative nicotine product or vapor product.
(c) Use a tobacco product, alternative nicotine product or vapor product in a public place.
(d) Present or offer to an individual a purported proof of age that is false, fraudulent, or not actually his or her own proof of age for the purpose of purchasing, attempting to purchase, possessing, or attempting to possess a tobacco product, alternative nicotine product or vapor product.
(2) An individual who violates subsection (1) is guilty of a misdemeanor punishable by a fine of not more than $50.00 for each violation. Pursuant to a probation order, the court may also require an individual who violates subsection (1) to participate in a health promotion and risk reduction assessment program, if available. An individual who is ordered to participate in a health promotion and risk reduction assessment program under this subsection is responsible for the costs of participating in the program. In addition, an individual who violates subsection (1) is subject to the following:
(a) For the first violation, the court may order the individual to do one of the following:
(i) Perform not more than 16 hours of community service in a hospice, nursing home, or long-term care facility.
(ii) Participate in a health promotion and risk reduction program, as described in this subsection.
(b) For a second violation, in addition to participation in a health promotion and risk reduction program, the court may order the individual to perform not more than 32 hours of community service in a hospice, nursing home, or long-term care facility.
(c) For a third or subsequent violation, in addition to participation in a health promotion, and risk reduction program, the court may order the individual to perform not more than 48 hours of community service in a hospice, nursing home, or long-term care facility.
(3) Subsection (1) does not apply to a minor participating in any of the following:
(a) An undercover operation in which the minor purchases or receives a tobacco product, alternative nicotine product or vapor product under the direction of the minor's employer and with the prior approval of the local prosecutor's office as part of an employer-sponsored internal enforcement action.
(b) An undercover operation in which the minor purchases or receives a tobacco product, alternative nicotine product or vapor product under the direction of a state police or a local police agency as part of an enforcement action, unless the initial or contemporaneous purchase or receipt of a tobacco product, alternative nicotine product or vapor product by the minor was not under the direction of the state police or the local police agency and was not part of the undercover operation.
(c) Compliance checks in which the minor attempts to purchase a tobacco product, alternative nicotine product or vapor product for the purpose of satisfying federal substance abuse block grant youth tobacco access requirements, if the compliance checks are conducted under the direction of a substance abuse coordinating agency as defined in section 6103 of the Public Health Code, 1978 PA 368, MCL 333.6103, and with the prior approval of the state police or a local police agency.
(4) Subsection (1) does not apply to the handling or transportation of a tobacco product, alternative nicotine product or vapor product by a minor under the terms of that minor's employment.
(5) This section does prohibit the individual from being charged with, convicted of, or sentenced for any other violation of law arising out of the violation of subsection (1).
(Ord. 855. Passed 4-9-12; Ord. 919. Passed 10-8-18.)