(a) No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, electronic cigarettes, alternative nicotine products, or papers used to roll cigarettes, no agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, electronic cigarettes, alternative nicotine products, or papers used to roll cigarettes, and no other person shall do any of the following:
(1) Give, sell or otherwise distribute cigarettes, other tobacco products, electronic cigarettes, alternative nicotine products, or papers used to roll cigarettes to any child;
(2) Give away, sell or distribute cigarettes. other tobacco products, electronic cigarettes, alternative nicotine products, or papers used to roll cigarettes in any place that does not have posted in a conspicuous place a sign stating that giving, selling or otherwise distributing cigarettes, other tobacco products, electronic cigarettes, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age is prohibited by law;
(3) Knowingly fu rnish any false information regarding the name, age or other identification of any child or person under twenty-one with purpose to obtain cigarettes, other tobacco products, electronic cigarettes, alternative nicotine products, or papers used to roll cigarettes for that child or person under twenty-one;
(4) Manufacture, sell or distribute in this state any pack or other container of cigarettes containing fewer than twenty cigarettes. or any package of roll-your-own tobacco containing less than six-tenths of one ounce of tobacco;
(5) Sell cigarettes, electronic cigarettes or alternative nicotine products in a smaller quantity than that placed in the pack or other container by the manufacturer;
(6) Give, sell or otherwise distribute electronic cigarettes, alternative nicotine products, papers used to roll cigarettes, or tobacco products other than cigarettes over the internet or through another remote method without age verification;
(7) Give, sell or otherwise distribute cigarettes, other tobacco products, electronic cigarettes, alternative nicotine products, or papers used to roll cigarettes to any person under twenty-one.
(b) No person shall sell or offer to sell cigarettes, other tobacco products, electronic cigarettes or alternative nicotine products by or from a vending machine, except in the following
locations:
(1) An area within a factory, business, office, or other place not open to the general public;
(2) An area to which children are not generally permitted access;
(3) Any other place not identified in subsection (b)(1) or (2) of this section, upon all of the following conditions:
A. The vending machine is located within the immediate vicinity, plain view and control of the person who owns or operates the place, or an employee of that person, so that all cigarettes, other tobacco products, electronic cigarettes and alternative nicotine product purchases from the vending machine will be readily observed by the person who owns or operates the place or an employee of that person. For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway or outer-waiting area, shall not be considered located within the immediate vicinity, plain view and control of the person who owns or operates the place, or an employee of that person.
B. The vending machine is inaccessible to the public when the place is closed.
(c) The following are affirmative defenses to a charge under subsection (a)(1) and (a)(7) of this section:
(1) The child or person under twenty-one was accompanied by a parent, or spouse who is eighteen years of age or older, or is the legal guardian of the child.
(2) The person who gave, sold or distributed cigarettes, other tobacco products, electronic cigarettes, alternative nicotine products, or papers used to roll cigarettes to a child or to a person under twenty-one under division (a){1) of this section is a parent, spouse who is eighteen years of age or older, or legal guardian of the child or person under twenty-one.
(d) It is not a violation of subsection (a)(l), (a)(2), or (a)(7) of this section for a person to give or otherwise distribute to a child or person under twenty-one cigarettes, other tobacco products, electronic cigarettes, alternative nicotine products or papers used to roll cigarettes while the child or person under twenty-one is participating in a research protocol if all of the following apply:
(1) The parent, guardian or legal custodian of the child has consented in writing to the child participating in the research protocol, or the person under twenty-one has consented in writing on his or her own behalf;
(2) An institutional human subjects protection review board, or an equivalent entity, has approved the research protocol; and
(3) The child or person under twenty-one is participating in the research protocol at the facility or location specified in the research protocol.
(e) It is not a violation of subsection (a)(7) of this section to give a person under twenty-one cigarettes, other tobacco products, electronic cigarettes, alternative nicotine products, or papers used to roll cigarettes if the transfer is done in the course of the person under twenty-one's employment and the person under twenty-one is not the end consumer of the cigarettes, other tobacco products, electronic cigarettes, alternative nicotine products, or papers used to roll cigarettes.
(Ord. 2018-83. Passed 7-18-18.)