(A) Minors.
(1) Prohibited sales, delivery signs.
(a) It shall be unlawful for any person, including any licensee, to sell, offer for sale, give away or deliver tobacco products to any person under the age of 21 years.
(b) 1. Signs informing the public of the age restrictions provided for herein shall be posted by every licensee at or near every display of tobacco products for sale. Each such sign shall be plainly visible and shall state:
“THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER
EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW.”
EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW.”
2. The text of such signs shall be in red letters on a white background, said letters to be at least one inch high.
(2) Purchase prohibited. It shall be unlawful for any person under the age of 21 years to purchase tobacco products, or to misrepresent his or her identity or age, or use any false or altered identification for the purpose of purchasing tobacco products.
(3) Possession prohibited. It shall be unlawful for any person under the age of 21 years to possess any tobacco products; provided that the possession by a person under the age of 21 years under the direct supervision of the parent or guardian of such person in the privacy of the parent’s or guardian’s home shall not be prohibited.
(B) Proximity to certain institutions. It shall be unlawful for any person to sell, offer for sale, give away or deliver tobacco products within 100 feet of any school, childcare facility or other building used for education or recreational programs for persons under the age of 21 years.
(C) Free distributions prohibited. It shall be unlawful for any licensee or any person in the business of selling or otherwise distributing, promoting or advertising tobacco products, or any employee or agent of any such licensee or person, in the course of such licensee’s or person’s business, to distribute, give away or deliver tobacco products free of charge to any person on any right-of-way, park, playground, or other property owned by the city, any school district, any park district or any public library.
(D) Vending machines; locking devices required.
(1) It shall be unlawful for any licensee to sell or offer for sale, give away, deliver or to keep with the intention of selling, giving away or delivering tobacco products by use of a vending machine, unless such vending machine is equipped with a manual, electric or electronic locking device controlled by the licensee so as to prevent its operation by persons under the age of 21 years.
(2) Any premises where access by persons under the age of 21 years is prohibited by law, or premises where the public is generally not permitted and where vending machines are strictly for the use of employees of business located at such premises, shall be exempt from the requirements of division (D)(1) above.
(1974 Code, § 3-18-5) (Ord. 3-97-11, passed 3-25-1997)