(A) Underage tobacco sales.
(1) No retailer may sell or distribute tobacco products to any person under 21 years of age.
(2) Each retailer shall request and examine the photographic identification of any person purchasing tobacco products, so as to verify that the purchaser is over 21 years of age. No such verification is required for any person who appears without reasonable doubt to be over the age of 30.
(B) Sale of tobacco products other than in sealed packages. No retailer may break or otherwise open any cigarette or smokeless tobacco package to sell or distribute individual cigarettes or a number of unpackaged cigarettes that is smaller than the minimum cigarette package size of 20 cigarettes or any quantity of cigarette tobacco or smokeless tobacco that is smaller than the smallest package distributed by the manufacturer for individual consumer use.
(C) Distribution of tobacco product samples prohibited. No person shall give away, barter, exchange, distribute or in any way dispense free of charge or at nominal cost any tobacco product samples, and/or any coupon redeemable for any tobacco product on any public street, alley, sidewalk, or in any public park, ground or playground, or in areas open to the public, in any publicly-owned or operated building, or at any place located within 100 feet of any building or other location used primarily as a school, child care facility, or for the education or recreation of children under 21 years of age.
(D) Prohibited locations. No retailer shall sell or distribute tobacco products at any place located within 100 feet of any building or other location used primarily as a school, child care facility, or for the education or recreation of children under 21 years of age. This prohibition shall not apply to those businesses engaged in the retail sale of tobacco products at a location that would otherwise be prohibited by this chapter that were in existence prior to passage of this chapter. This exemption shall apply to any new owner at the same location providing the same services.
(E) Self-service prohibited. It shall be unlawful to sell, offer for sale, give away, or display tobacco products for sale at any location where the consumer can acquire those products through self-service. All tobacco products will be displayed from behind a sales/service counter so that no consumer can access tobacco products without assistance by an employee of the licensee. This restriction shall not apply to customer self-service from vending machines as described in § 118.04(D).
(F) Restrictions on tobacco product vending machines. No retailer shall sell or distribute tobacco products through a vending machine unless the vending machine is located in an area of factories, businesses, offices, private clubs and other places not open to the public.
(G) Posting of warning to minors.
(1) Every retailer of tobacco products shall place and maintain, in legible condition, at each point of sale of tobacco products, to consumers, including the front of each vending machine, a sign stating:
WARNING - IT IS A VIOLATION OF THE LAW FOR CIGARETTES OR OTHER
TOBACCO PRODUCTS TO BE SOLD TO ANY PERSON UNDER THE AGE OF 21.
TOBACCO PRODUCTS TO BE SOLD TO ANY PERSON UNDER THE AGE OF 21.
(2) The sign shall not be less than eight inches by 11 inches in size, except for a sign placed on the front of a vending machine. The sign for a vending machine shall not be less than four inches by four inches in size. The text of such printed card shall be in red letters on a white background, said letters to be at least one inch high.
(H) Minimum age to sell tobacco products. It shall be unlawful for any retailer to permit any person under 21 years of age to sell tobacco products in any licensed establishment.
(I) Possession of tobacco by minor. It shall be unlawful for any person under the age of 21 years to possess any tobacco products or alternative nicotine products including, but not limited to, e-cigarettes, provided, that the possession by a person under the age of 21 years under the direct supervision of the parent or guardian of such person in the privacy of the parent's or guardian's home shall not be prohibited. It shall be unlawful for any person under the age of 21 years to misrepresent his identity or age or to use any false or altered identification for the purpose of purchasing tobacco products or alternative nicotine products including but not limited to e-cigarettes.
(Ord. 688, passed 10-9-01; Ord. 1113, passed 8-13-19; Ord. 1124, passed 1-28-20)