A. Definitions: The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
NICOTINE PRODUCT: | Any product that contains nicotine extracted or isolated from plants, vegetables, fruit, herbs, weeds, genetically modified organic matter, or that is synthetic in origin and is intended forhuman consumption; provided, however, this term shall not include products approved by the United States Food and Drug Administration for smoking cessation. |
PERSON: | Any individual, firm, fiduciary, partnership, corporation, trust, or association, however formed. |
PROOF OF AGE: | A driver license, license for identification only, or other generally accepted means of identification that describes the individual as twenty-one (21) years of age or older and contains a photograph or other likeness of the individual and appears on its face to be valid. |
SAMPLE: | A tobacco product, nicotine product, or vapor product distributed to members of the public at no cost for the purpose of promoting the product. |
SAMPLING: | The distribution of samples to members of the public in a public place. |
TOBACCO PRODUCT: | Any product that contains tobacco and is intended for human consumption. |
TRANSACTION SCAN: | The process by which a seller checks, by means of a transaction scan device, the validity of a driver license or other government-issued photo identification. |
TRANSACTION SCAN DEVICE: | Any commercial device or combination of devices used at a point of sale or entry that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver license or other government-issued photo identification. |
VAPOR PRODUCT: | Non-combustible products, that may or may not contain nicotine, that employ a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form. "Vapor products" shall include any vapor cartridge or other container with or without nicotine or other form that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of a solution, that may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo or electronic device. "Vapor products" do not include any products regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act. |
B. Unlawful to sell or furnish tobacco, nicotine, or vapor product to persons under twenty-one (21) years of age.
1. It is unlawful for any person to sell, give, or furnish in any manner any tobacco product, nicotine product, or vapor product to another person who is under twenty-one (21) years of age, or to purchase in any manner a tobacco product, nicotine product, or vapor product on behalf of any such person. It shall not be unlawful for an employee under twenty-one (21) years of age to handle tobacco products, nicotine products, or vapor products when required in performance of the employee's duties.
2. A person engaged in the sale or distribution of tobacco products, nicotine products, or vapor products shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser may be less than twenty-one (21) years of age.
If an individual engaged in the sale or distribution of tobacco products, nicotine products, or vapor products has demanded proof of age from a prospective purchaser or recipient who is not under twenty-one (21) years of age, the failure to subsequently require proof of age shall not constitute a violation of this subparagraph B.
3. Penalty:
a. Any violation of subparagraph B(1) or B(2) of this Section 6-2-2 is an offense against the City of Kingfisher; upon conviction of any such offense, the violator shall be punished as set by the Board of Commissioners as provided in the fines and fees schedule pursuant to appendix A, division III of this Code.
4. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age shall be a defense to any action brought pursuant to this section. A person cited for violating this section shall be deemed to have reasonably relied upon proof of age, and such person shall not be found guilty of the violation if such person proves that:
a. The individual who purchased or received the tobacco product, nicotine product, or vapor product presented a driver license or other government-issued photo identification purporting to establish that such individual was twenty-one (21) years of age or older; or
b. The person cited for the violation confirmed the validity of the driver license or other government-issued photo identification presented by such individual by performing a transaction scan by means of a transaction scan device.
Provided, that this defense shall not relieve from liability any person cited for a violation of this section if the person failed to exercise reasonable diligence to determine whether the physical description and picture appearing on the driver license or other government-issued photo identification was that of the individual who presented it. The availability of the defense described in this subparagraph does not affect the availability of any other defense under any other provision of law.
C. Distribution Of Tobacco Product And Vapor Product Samples:
1. It shall be unlawful for any person or retailer to distribute tobacco products, nicotine products, vapor products, or product samples to any person under twenty-one (21) years of age.
2. No person shall distribute tobacco products, nicotine products, vapor products, or product samples in or on any public street, sidewalk, or park that is within three hundred (300) feet of any playground, school, or other facility when the facility is being used primarily by persons under twenty-one (21) years of age.
3. When a person is convicted or enters a plea and receives a continued sentence for a violation of subparagraph C(1) or C(2) of this Section 6-2-2, a fine shall be assessed in such amounts as set by the Board of Commissioners as provided in the fines and fees schedule pursuant to appendix A, division III of this Code.
D. Public Access To Displayed Tobacco, Nicotine, Or Vapor Products:
1. It is unlawful for any person or retail store to display or offer for sale tobacco products, nicotine products, or vapor products in any manner that allows public access to the tobacco products, nicotine products, or vapor products without assistance from the person displaying the tobacco products, nicotine products, or vapor products or an employee or the owner of the store. The provisions of this subparagraph shall not apply to retail stores which do not admit into the store persons under twenty-one (21) years of age.
2. When a person is convicted or enters a plea and receives a continued sentence for a violation of this section, a fine shall be assessed in such amounts as set by the Board of Commissioners as provided in the fines and fees schedule pursuant to appendix A, division III of this Code.
E. Enforcement:
1. Any conviction for a violation of this Section 6-2-2 and any compliance checks by a municipal police officer pursuant to subparagraph E(3) of this Section 6-2-2 shall be reported in writing to the Alcoholic Beverage Laws Enforcement (ABLE) Commission within thirty (30) days of such conviction or compliance check. Such reports shall be compiled in the manner prescribed by the ABLE Commission. Convictions shall be reported by the Court Clerk or his designee and compliance checks shall be reported by the Chief of Police or his designee.
2. For the purpose of determining second or subsequent violations, both the offenses penalized by the ABLE Commission as administrative fines and the offenses penalized by the municipality and reported to the ABLE Commission, shall be considered together in such determination.
3. Persons under twenty-one (21) years of age may be enlisted by the Police Department to assist in compliance checks and enforcement of this Article pursuant to the rules of the ABLE Commission. (Ord. 937, 8-12-2011; amd. 2013 Code; Ord. 2024-002, 3-11-2024)