(A) Vapor products.
(1) Definitions. For the purpose of this division (A), the following definitions apply unless the context clearly indicates or requires a different meaning.
INDOOR AREA. Any indoor city owned and/or leased property. An INDOOR AREA includes work areas, employee lounges, break areas, restrooms, conference rooms, classrooms, employee cafeterias, hallways, and any other indoor spaces used or visited by the city employees or the public. All space between a floor and ceiling that is predominantly or totally enclosed by walls or windows, regardless of doors, doorways, and/or open
and closed windows, stairways, or the like. The provisions of this section shall apply to such indoor areas at any given time, whether or not work is being performed.
OUTDOOR AREA. Any covered area, partially covered area, or area opened to the outdoor elements that is on property owned, controlled, operated, or leased by the city.
RECREATIONAL AREA. Any area that is owned, controlled, leased, and/or operated by the city and open to the general public for recreational purposes, regardless of any fee or age requirement. The term RECREATIONAL AREA includes but is not limited to: parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, natural trails, community gardens, bicycle paths, riding trails, swimming pools, roller and/or ice skating rinks, shoreline and/or beaches of surrounding lakes and ponds.
TOBACCO PRODUCT. Any product that contains and/or is derived from tobacco, contains nicotine, and is intended for human consumption. This includes all forms of tobacco, combustible and non-combustible.
TOBACCO-FREE. To prohibit the use of any tobacco product by anyone, anywhere, and at any time on city owned and/or leased property.
VAPOR PRODUCT. Any noncombustible product or device that may or may not contain nicotine, that employs a mechanical heating element, battery, electronic circuit, or other mechanism. These products and devices, regardless of shape and/or size, can be used to produce a vapor into the atmosphere. VAPOR PRODUCTS shall include any vapor cartridges, or other container with or without nicotine or other form that is intended to be used with an electronic cigarette, cigar, cigarillo, pipe, or similar product and/or device.
(2) Prohibition of tobacco products and vapor products on any and all city owned/operated property.
(a) The possession of tobacco in any form, combustible or non-combustible, is a public nuisance and a danger to the public health of residents in the State of Oklahoma. Tobacco in any form, combustible, non-combustible, and vapor forms is hereby prohibited in any and all indoor and/or outdoor areas and/or properties operated by the city.
(b) All buildings owned, controlled, operated, and/or leased by the city shall be tobacco free. This includes all forms of tobacco products and all vapor products.
(c) This section shall hereby include any vehicles owned and/or operated by the city, as well as any personal vehicles parked or idle on any property owned and/or leased by the city.
(d) All indoor and outdoor recreational areas owned and/or operated by the city shall hereby adhere to this section of tobacco in all forms being 100% prohibited, including vapor products.
(e) Prohibition applies to every individual person on any and all government- owned and/or leased property within the city.
(f) Prohibition per this section applies at all times.
(3) Posting.
(a) The city will be responsible for posting signs and/or decals at least four inches by two inches in size at each entrance of any and all city owned and/or leased property indicating the property is tobacco and vapor free.
(b) The city is responsible for posting a sign and/or decal that is weather resistant and at least 15 inches by 15 inches and/or 12 inches by 18 inches in size with at least one-inch lettering at the entrance to any and all outdoor areas owned, leased, or operated by the local government for the city.
(4) Penalties and enforcement.
(a) Ask all tobacco users to refrain from using any form of tobacco products, including vapor products, upon observation of anyone violating this section.
(b) Any possession of a combustible or lighted tobacco product is henceforth declared to be a nuisance to public health.
(c) Any person who violates this tobacco section is hereby guilty of a fineable offense.
(d) First time offenders will be reminded of the ordinance and given a verbal and/or written warning for violating any portion of this section.
(e) All offenses hereafter will result in a fine for violating this section and will incur a fine, plus any applicable court costs inferred.
(f) All local government employees for the city will remind known tobacco users of this section.
(B) Youth access to tobacco, vapor products.
(1) Definitions. For the purpose of this division (B), the following definitions apply unless the context clearly indicates or requires a different meaning.
CIGARETTE.
1. Any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and costs of or contains:
a. Any roll of tobacco wrapped in paper or in any substance not containing tobacco; and
b. Tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filter, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette.
2. The term “cigarette” includes “roll-your-own” (i.e., any tobacco which, because of its appearance, type, packaging or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes.) For purposes of this definition of CIGARETTE, nine one-hundredths of an ounce of “roll-your-own” tobacco shall constitute one individual CIGARETTE.
PERSON. Any individual, firm, fiduciary, partnership, corporation, trust or association, however formed.
PROOF OF AGE. A driver’s license, license for identification only, or other generally accepted means of identification that describes the individual as 21 years of age or older and contains a photograph or other likeness of the individual and appears on its face to be valid.
SAMPLE. A tobacco product or vapor product distributed to members of the public at no cost for the purpose of promoting the product.
SAMPLING. The distribution of samples to members of the public in a public place.
TOBACCO PRODUCT. Any product that contains or is derived from tobacco and is intended for human consumption excluding drugs or devices approved for cessation by the United States Food and Drug Administration. This includes e-cigarettes and vapor products, with or without nicotine.
TRANSACTION SCAN. The process by which a seller checks, by means of a transaction scan device, the validity of a driver license or other government-issued photo identification.
TRANSACTION SCAN DEVICE. Any commercial device or combination of devices used at a point of sale or entry that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver license or other government-issued photo identification.
VAPOR PRODUCT. Non- combustible products that may or may not contain nicotine, that employ a mechanical heating element, battery, electronic circuit or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form. VAPOR PRODUCTS shall include any vapor cartridge or other container with or without nicotine or other form that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or similar product or device. VAPOR PRODUCTS do not include any products regulated by the United States Food and Drug Administration under Ch. V of the Food, Drug and Cosmetic Act, being 21 U.S.C. §§ 351 et seq.
(2) Furnishing or sale of tobacco products and vapor products to minors.
(a) It is unlawful for any person to sell, give or furnish in any manner any tobacco, tobacco product or vapor product (see definition) to another person who is under 21 years of age, or to purchase in any manner tobacco, a tobacco products or vapor product on behalf of any such person. It shall not be unlawful for an employee under 21 years of age to handle tobacco, tobacco products or vapor products when required in performance of the employee’s duties.
(b) A person engaged in the sale or distribution of tobacco, tobacco products or vapor products shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser may be less than 21 years of age. If an individual engaged in the sale or distribution of tobacco, tobacco products or vapor products has demanded proof of age from a prospective purchaser or recipient who is not under 21 years of age, the failure to subsequently require proof of age shall not constitute a violation of this division (B)(2)(b).
(c) Proof that the defendant demanded, was shown, and reasonably relied upon proof of age shall be a defense to any action brought pursuant to this section. A person cited for violating this section shall be deemed to have reasonably relied upon proof of age, and such person shall not be found guilty of the violation if such person proves that:
1. The individual who purchased or received the tobacco product or vapor product presented a driver license or other government-issued photo identification purporting to establish that such individual was 21 years of age or older; or
2. The person cited for the violation confirmed the validity of the driver license or other government-issued photo identification presented by such individual by performing a transaction scan by means of a transaction scan device.
(d) Provided that, this defense shall not relieve from liability any person cited for a violation of this section if the person failed to exercise reasonable diligence to determine whether the physical description and picture appearing on the driver’s license or other government-issued photo identification was that of the individual who presented it. The availability of the defense described in this division (B)(2)(d) does not affect the availability of any other defense under any other provision of law.
(3) Receipt of tobacco products and vapor products by minors. It is unlawful for any person who is under 21 years of age to purchase, receive or have in his or her possession a tobacco product, or vapor product, or to present or offer to any person any purported proof of age which is false or fraudulent for the purpose of purchasing or receiving any tobacco product or vapor products. It shall not be unlawful for an employee under age 21 years of age to handle tobacco products or vapor products when required in the performance of the employee’s duties.
(4) Distribution of tobacco product and vapor product samples.
(a) It shall be unlawful for any person or retailer to distribute tobacco, tobacco products, tobacco or tobacco product samples or vapor products samples to any person under 21 years of age.
(b) No person shall distribute tobacco, tobacco product or vapor product samples in or on any public street, sidewalk or park that is within 300 feet of any playground, school or other facility when the facility is being used primarily by persons under 21 years of age.
(5) Public access to displayed tobacco products and vapor products. It is unlawful for any person or retail store to display or offer for sale tobacco products or vapor products in any manner that allows public access to the tobacco product or vapor products without assistance from the person displaying the tobacco product or vapor products or an employee or the owner of the store. The provisions of this division (B)(5) shall not apply to retail stores which do not admit into the store persons under 21 years of age.
(6) Report of violations and compliance checks.
(a) Any conviction for a violation of this division (B)(6) and any compliance checks conducted by the Police Department pursuant to division (B)(6)(b) below shall be reported in writing to the Alcoholic Beverage Laws Enforcement (ABLE) Commission within 30 days of the conviction or compliance check. Such reports shall be compiled in the manner prescribed by the ABLE Commission. Convictions shall be reported by the Court Administrator/Court Clerk, or his or her designee, and compliance checks shall be reported by the Chief of Police, or his or her designee.
(b) Persons under 21 years of age may be enlisted by the Police Department to assist in enforcement of this division (B)(6)(b) pursuant to the rules of the ABLE Commission.
(2002 Code, § 131.11) (Ord. 552, passed 3-13-2006; Ord. 724, passed 2-9-2015; Ord. 725, passed 2-9-2015; Ord. 848, passed 10-15-2019; Ord. 865, passed 10-13-2020)
Penalty, see § 131.99