A. Definitions: The following terms shall, for the purposes of this section, have the meanings herein ascribed to them:
ALTERNATIVE NICOTINE PRODUCT: Any product or device not consisting or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, vaporizing or by any other means. The term alternative nicotine product includes any electronic device that provides a gas or vapor derived from nicotine and/or other chemicals and inhaled by the user to simulate smoking, such as e-cigarettes, electronic cigars, electronic pipes, electronic hookah pipes, vape pens, advanced personal vaporizers, box mods, or other devices capable of delivering aerosolized nicotine or other chemicals through inhalation. The term alternative nicotine product excludes 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.
MINOR: A person less than eighteen (18) years of age.
PERSON: An individual, corporation, partnership, association, or other legal entity.
TOBACCO PRODUCT: Any item, product, or substance containing tobacco leaf, including, without limitation, cigarettes, cigars, snuff, pipe tobacco, chewing tobacco, and dipping tobacco.
B. Sales To Persons Under Twenty One Years Of Age Prohibited: It shall be unlawful for any person to sell, give away, offer to sell, offer to give away, or deliver any tobacco product or alternative nicotine product to a person under twenty one (21) years of age. It also shall be unlawful for any person to cause or allow any person under twenty one (21) years of age to purchase any tobacco product or alternative nicotine product within the corporate limits of the Village.
C. Sale By Persons Under Twenty One Years Of Age Prohibited: It shall be unlawful for any person under twenty one (21) years of age to sell any tobacco product or alternative nicotine product within the corporate limits of the Village, except only that tobacco products and alternative nicotine products may be sold by any employee of a business properly licensed to sell tobacco products and alternative nicotine products so long as such employee sells such tobacco products and alternative nicotine products only on the licensed premises, only during regular business hours, and only to a person legally authorized to purchase such tobacco products and alternative nicotine products.
D. Purchase By Persons Under Twenty One Years Of Age Prohibited: It shall be unlawful for any person under twenty one (21) years of age to purchase any tobacco product or alternative nicotine product within the corporate limits of the Village.
E. Possession By Persons Under Twenty One Years Of Age Prohibited: It shall be unlawful for any person under twenty one (21) years of age to possess any tobacco product or alternative nicotine product within the corporate limits of the Village.
F. Free Distribution Prohibited: It shall be unlawful for any person to distribute, give away, or deliver any tobacco product or alternative nicotine product free of charge to any person on any public right-of-way or any Village owned property for the purpose of advertising or promoting any tobacco product or alternative nicotine product.
G. Sales Prohibited In Certain Locations: It shall be unlawful for any person to sell, give away, offer to sell, offer to give away, or deliver any tobacco product or alternative nicotine product within one hundred feet (100') of the property of any school or the property intended for use by minors for education or recreational purposes.
H. Responsibility For Agent Or Employee: Every act constituting a violation of this section by an agent or employee of any person shall be deemed and held to be the act of such person, and such person shall be punishable in the same manner as if such act had been done by such person personally. (Ord. 2018-11-275, 12-3-2018)
I. Penalty: Any person who violates any provision of this section shall be fined pursuant to title 13, chapter 1, "Fee Schedule", of this Code for each offense.
J. Payments To Avoid Prosecution For Penalties Under Subsection C, D, Or E: Any person who receives a citation for a violation of subsection C, D, or E of this section may avoid prosecution by paying a fine pursuant to title 13, chapter 1, "Fee Schedule", of this Code. (Ord. 2018-11-275, 12-3-2018; amd. Ord. 2018-12-279, 12-3-2018)
Any such fines are subject to adjudication by and through the Village administrative hearing system. (Ord. 2018-11-275, 12-3-2018)