A. Definitions: For the purposes of this section, the following words and phrases shall have the following meanings:
ALTERNATIVE NICOTINE PRODUCT: A product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. "Alternative nicotine product" excludes cigars, cigarettes, smokeless tobacco, or other tobacco products as these terms are defined in 720 Illinois Compiled Statutes 675/1 et seq., and any product approved by the United States Food and Drug Administration as a non-tobacco product for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose.
SMOKELESS TOBACCO: Any tobacco products that are suitable for dipping or chewing.
SMOKING HERBS: All substances of plant origin and their derivatives, including, but not limited to, broom, calea, California poppy, damiana, hops, ginseng, lobelia, jimsonweed and other members of the Datura genus, passionflower, wild lettuce, lettuce opium, any salvia species, and any other herb(s) or other plant(s) which are processed or sold primarily for use as smoking materials.
TOBACCO ACCESSORIES: Cigarette papers, pipes, holders of smoking materials of all types, cigarette rolling machines and other items designed primarily for the smoking or ingestion of tobacco products and/or of alternative nicotine products, or of substances made illegal under any statute or of substances whose sale, gift, barter or exchange is made unlawful under this section.
TOBACCO PRODUCTS: Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco. Tobacco products shall also include, but not be limited to, cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings, and sweepings of tobacco; and all other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking.
VENDING MACHINE: Any mechanical, electric or electronic self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products or alternative nicotine products.
B. Underage Persons:
1. No person under twenty one (21) years of age shall buy any cigar, cigarette, smokeless tobacco, tobacco, tobacco products, tobacco accessories, smoking herbs, or alternative nicotine product in any of their respective forms unless upon the written order of the person's parent or guardian.
2. No person under eighteen (18) years of age shall possess any cigar, cigarette, smokeless tobacco, tobacco, tobacco products, tobacco accessories, smoking herbs, or alternative nicotine product in any of their respective forms unless upon the written order of the person's parent or guardian.
3. No person shall sell, buy for, barter, exchange, distribute samples of or furnish any cigar, cigarette, smokeless tobacco, tobacco, tobacco products, tobacco accessories, smoking herb, or alternative nicotine product in any of their respective forms to any person under twenty one (21) years of age unless upon the written order of such person's parent or guardian or unless such transaction occurs in the presence of such parent or guardian.
4. No person in the furtherance or facilitation of obtaining smokeless tobacco, tobacco, tobacco products, tobacco accessories, smoking herbs, or alternative nicotine products in any of their respective forms shall display or use a false or forged identification card or transfer, alter or deface an identification card.
C. Warning To Underage Persons:
1. Any person, firm, partnership, company or corporation operating a place of business wherein tobacco, tobacco products, tobacco accessories, alternative nicotine products and/or smoking herbs in any of their respective forms are sold or offered for sale shall post in a conspicuous place upon the premises near every display of tobacco products, accessories, alternative nicotine products or smoking herbs a sign upon which there shall be imprinted the following statement:
SALE OF, AND/OR THE PURCHASE OF TOBACCO PRODUCTS, TOBACCO ACCESSORIES, ALTERNATIVE NICOTINE PRODUCTS OR SMOKING HERBS TO PERSONS UNDER TWENTY-ONE YEARS OF AGE OR THE MISREPRESENTATION OF AGE TO PROCURE SUCH A SALE IS PROHIBITED BY LAW. POSSESSION OF TOBACCO PRODUCTS OR ALTERNATIVE NICOTINE PRODUCTS BY PERSONS UNDER THE AGE OF EIGHTEEN IS ALSO PROHIBITED BY LAW.
2. Such a sign shall be printed on a white card in red letters at least one-half inch (1/2") in height. (Ord. 2019-02-06, 2-18-2019)