(A) Definitions: For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ADULT-ONLY FACILITY: Means a facility or restricted area (whether open-air or enclosed) where the operator ensures or has a reasonable basis to believe (such as by checking identification as required under State law, or by checking the identification of any person appearing to be under the age of 30) that no person under legal age is present. A facility or restricted area need not be permanently restricted to persons under twenty one (21) years of age to constitute an adult-only facility, provided that the operator ensures or has a reasonable basis to believe that no person under twenty one (21) years of age is present during the event or time period in question.
AGE RESTRICTED AREA: Means a signed designated area in a retail establishment to which persons under twenty one (21) years of age are not permitted access unless accompanied by a parent or legal guardian.
ALTERNATIVE NICOTINE PRODUCT: Means 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 does not include: cigarettes as defined in section 1 of the Cigarette Tax Act and tobacco products as defined in section 10-5 of the Tobacco Products Tax Act of 1995; tobacco product and electronic cigarette as defined in this subsection; or any product approved by the United States Food and Drug Administration 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.
ELECTRONIC CIGARETTE: Means: 1) any device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation; 2) any cartridge or container of a solution or substance intended to be used with or in the device or to refill the device; or 3) any solution or substance, whether or not it contains nicotine intended for use in the device. Electronic cigarette includes, but is not limited to, any electronic nicotine delivery system, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, or similar product or device, and any components or parts that can be used to build the product or device. Electronic cigarette does not include: cigarettes as defined in section 1 of the Cigarette Tax Act and tobacco products as defined in section 10-5 of the Tobacco Products Tax Act of 1995; tobacco product and alternative nicotine product as defined in this subsection; any product approved by the United States Food and Drug Administration 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; any asthma inhaler prescribed by a physician for that condition and is being marketed and sold solely for that approved purpose; or any therapeutic product approved for use under the Compassionate Use of Medical Cannabis Pilot Program Act.
LINE OF SIGHT: Means visible to a cashier or other employee.
LUNCH WAGON: Means a mobile vehicle designed and constructed to transport food and from which food is sold to the general public.
NICOTINE: Means any form of the chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived.
SMOKELESS TOBACCO: Means any tobacco products that are suitable for dipping or chewing.
TOBACCO PRODUCT: Means any product containing or made from tobacco that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, snus, and any other smokeless tobacco product which contains tobacco that is finely cut, ground, powdered, or leaf and intended to be placed in the oral cavity. Tobacco product includes any component, part, or accessory of a tobacco product, whether or not sold separately. Tobacco product does not include: an electronic cigarette and alternative nicotine product as defined in this subsection; or any product that has been approved by the United States Food and Drug Administration 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.
(B) Sale, Delivery, Display, Purchase, And Possession Prohibited:
1. No person shall sell, buy for, distribute samples of or furnish any tobacco product, electronic cigarette, or any alternative nicotine product to any person under twenty one (21) years of age.
2. Unless otherwise expressly permitted by State law, no person under twenty one (21) years of age shall buy, purchase, or possess any tobacco product, electronic cigarette, or alternative nicotine product.
3. No person under sixteen (16) years of age may sell any tobacco product, electronic cigarette, or alternative nicotine product at a retail establishment selling tobacco products, electronic cigarettes, or alternative nicotine products. This subsection does not apply to a sales clerk in a family-owned business which can prove that the sales clerk is in fact a son or daughter of the owner.
4. Before selling, offering for sale, giving, or furnishing a tobacco product, electronic cigarette, or alternative nicotine product to another person, the person selling, offering for sale, giving, or furnishing the tobacco product, electronic cigarette, or alternative nicotine product shall verify that the person is at least twenty one (21) years of age by: a) examining from any person that appears to be under thirty (30) years of age a government-issued photographic identification that establishes the person to be twenty one (21) years of age or older; or b) for sales of tobacco products, electronic cigarettes, or alternative nicotine products made through the internet or other remote sales methods, performing an age verification through an independent, third party age verification service that compares information available from public records to the personal information entered by the person during the ordering process that establishes the person is twenty one (21) years of age or older.
5. Tobacco products, electronic cigarettes, and alternative nicotine products may be sold through a vending machine only if such tobacco products, electronic cigarettes, and alternative nicotine products are not placed together with any non-tobacco product, other than matches, in the vending machine and the vending machine is in any of the following locations: a) places to which persons under twenty one (21) years of age are not permitted access at any time; b) places where alcoholic beverages are sold and consumed on the premises and vending machine operation is under the direct supervision of the owner or manager.
6. The sale or distribution by any person of a tobacco product, including but not limited to a single or loose cigarette, that is not contained within a sealed container, pack, or package as provided by the manufacturer, which container, pack, or package bears the health warning required by Federal law, is prohibited.
7. All single packs of cigarettes, and electronic cigarettes, and alternative nicotine products must be sold from behind the counter or in an age restricted area or in a sealed display case. Any other tobacco products must be sold in line of sight. The restrictions described in this section do not apply to a retail tobacco store that: a) derives at least ninety percent (90%) of its revenue from tobacco and tobacco related products; b) does not permit persons under the age of twenty one (21) to enter the premises unless accompanied by a parent or legal guardian; and c) posts a sign on the main entrance way stating that persons under the age of twenty one (21) are prohibited from entering unless accompanied by a parent or legal guardian. This subsection does not prohibit the sale of tobacco products, electronic cigarettes, or alternative nicotine products from vending machines if the location of the vending machines are otherwise in compliance with the provisions of this section.
8. A person shall not distribute without charge samples of any tobacco product to any other person, regardless of age, except for smokeless tobacco in an adult-only facility. This subsection does not apply to the distribution of a tobacco product, electronic cigarette, or alternative nicotine product sample in any adult-only facility.
(C) Penalties And Administration:
1. Any person found in violation of the provisions of this section shall be fined not less than two hundred dollars ($200.00) and not more than seven hundred fifty dollars ($750.00) for each offense. Each day a violation continues shall constitute a separate and distinct offense. To the extent applicable, business licensees shall be responsible for the violations of this section by their employees and agents.
2. Any business licensee found in violation of the provisions of this section shall, in addition to any fine that may be imposed, be subject to business license suspension and/or revocation proceedings.
3. Violations of this section may be administered in accordance with the provisions of title 1, chapter 17, "Administrative Adjudication", of this Code. (Ord. 19-09, 7-1-2019)