No retailer of tobacco products, as licensed by the Village under this chapter and § 111.31(A) of this Code, shall break or otherwise open any cigarette, cigar or smokeless tobacco package, or sell, distribute or give away individual cigarettes or a number of unpackaged cigarettes that is smaller than the minimum cigarette package size of 20 cigarettes, unpackaged cigars in a number that is smaller than the original, unbroken package intended by the manufacturer for retail sale, or any quantity of cigarette tobacco or smokeless tobacco that is smaller than the smallest package distributed by the manufacturer for individual consumer use. In the case of cigars only, it shall be a defense to a violation of this section that applicable taxes were paid by the retailer on the unopened package at the time of initial purchase by the retailer, that the cigars in the package were individually packaged in a manner that indicates they were intended for individual retail sale following such initial purchase by the retailer, and that the retailer is collecting tax on each sale of such individually packaged cigars. While on the licensed premises no retailer of tobacco products shall sell, distribute or give away individual cigarettes, cigars or any quantity of cigarette tobacco or smokeless tobacco or other tobacco products that are the personal property of the retailer and used for retailer's private use. No retailer of tobacco products shall be in possession of individual cigarettes, cigars or open packages of cigarettes, cigars or any quantity of cigarette tobacco or smokeless tobacco or other tobacco products that are the personal property of the retailer and used for retailer's private use while working at or standing within a 10-foot radius of the retail sales counter where tobacco products are made available for sale or distribution to customers. No individual cigarettes or open packages of cigarettes, cigars, cigarette tobacco or smokeless tobacco or other tobacco products that are the personal property of the retailer and used for retailer's private use shall be maintained or located within a 10-foot radius of the retail sales counter where tobacco products are made available for sale or distribution to customers.
(Ord. C0-03-21, passed 8-20-2003; Am. Ord. C0-05-35, passed 10-4-2005; Am. Ord. CO- 2016-14, passed 7-26-2016) Penalty, see § 116.99