(A) Definitions. For the purpose of this section the following terms, phrases and words shall have the meanings given to them in this section. All terms, phrases and words used in this section but not defined in this section shall have the meaning given to them elsewhere in this code of ordinances.
MINOR. A person under the age of 18.
TOBACCO PRODUCT. Any product that is made from or derived from tobacco, or that contains nicotine, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. TOBACCO PRODUCT includes electronic smoking devices and any component or accessory used in the consumption of a TOBACCO PRODUCT such as filter, rolling papers, pipes, liquid, nicotine gels and dissolvable nicotine products used in electronic smoking devices, whether or not they contain nicotine. TOBACCO PRODUCT does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
VENDING MACHINE. Any mechanical, electrical or electronic, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses any tobacco product.
(B) Sale by minors. It shall be unlawful for any minor to sell, offer for sale, give, dispense, furnish or otherwise distribute any tobacco product to any minor within the corporate limits of the city.
(C) Sale to minors. It shall be unlawful for any person or business to sell, offer for sale, give, dispense, furnish or otherwise distribute any tobacco product to any minor within the corporate limits of the city.
(D) Purchase by minors. It shall be unlawful for any minor to purchase or otherwise acquire any tobacco product within the corporate limits of the city.
(E) Possession and use by minors. It shall be unlawful for any minor to possess or use a tobacco product within the corporate limits of the city; provided, however, that, the possession or use of any tobacco product by any minor under the direct supervision and control of the parent or guardian of any such minor in the privacy of such parent’s or guardian’s home shall not be unlawful.
(Prior Code, § 26-20) (Ord. 97-39, passed 1-15-1998; Ord. 2016-30, passed 5-2-2016; Ord. 2017-74, passed 12-18-2017) Penalty, see § 135.999