(A) In addition to violations specified elsewhere in this chapter, the following acts shall be a violation of this chapter:
(1) It shall be a violation of this chapter for any person under the age of 21 years to have in his or her possession any tobacco, tobacco related device, or electronic delivery device. This division shall not apply to a person under the age of 21 that is lawfully involved in a compliance check conducted by city officials.
(2) It shall be a violation of this chapter for any person under the age of 21 years to smoke, chew, sniff, ingest or otherwise use any tobacco, tobacco related device or electronic delivery device.
(3) It shall be a violation of this chapter for any person under the age of 21 years to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco related device or electronic delivery device, and it shall be a violation of this chapter for any person to purchase or otherwise obtain these items on behalf of a person under the age of 21 years. It shall further be a violation for any person to coerce or attempt to coerce a person under the age of 21 years to purchase or otherwise obtain or use any tobacco, tobacco related device or electronic delivery device. This division shall not apply to a person under the age of 21 that is lawfully involved in a compliance check conducted by city officials.
(4) It shall be a violation of this chapter for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person.
(B) Whoever sells tobacco to a person under the age of 21 years is guilty of a misdemeanor. It is an affirmative defense to a charge under this division if the defendant proves by a preponderance of the evidence that the defendant reasonably and in good faith relied on proof of age as described in M.S. § 340A.503, Subdivision 6.
(C) Whoever furnishes tobacco or tobacco related devices to a person under the age of 21 years is guilty of a misdemeanor. Notwithstanding the foregoing, an Indian may furnish tobacco to an Indian under the age of 21 years if the tobacco is furnished as part of a traditional Indian spiritual or cultural ceremony. For purposes of this division, an Indian is a person who is a member of an Indian tribe, as defined in M.S. § 257.351, Subdivision 9, as it may be amended from time to time.
(Ord. 317, passed 9-21-20)