(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISTRIBUTE. A conveyance to the public by sale, barter, gift, or sample.
MINOR. A person under the age of 18.
PROOF OF AGE. A driver’s license or other generally accepted means of identification that contains a picture of the individual and appears on its face to be valid.
ROLLING PAPERS. Paper designed, manufactured, marketed, and sold for use primarily as a wrapping or enclosure for tobacco, which enables a person to roll loose tobacco into a smokeable cigarette.
SAMPLE. A tobacco product distributed to members of the general public at no cost or at nominal cost for product promotional purposes.
SAMPLING. The distribution to members of the general public of tobacco product samples.
TOBACCO PRODUCTS. Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco.
VENDING MACHINE. Any mechanical, electric, or electronic self-service device which, upon insertion of money, tokens, or any other form of payment, dispenses tobacco products.
(B) Prohibition of the sale of tobacco products to a minor. No person shall sell any tobacco product or distribute any tobacco product or rolling papers to any minor. This division (B) shall not apply to the distribution by family members on property that is not open to the public.
(C) Vending machines. The owner of an establishment at which tobacco products or rolling papers are sold at retail or through vending machines shall cause to be prominently displayed in a conspicuous place at every display from which tobacco products are sold and on every vending machine where tobacco products are purchased a sign that shall:
(1) Contain in red lettering at least one-half inch high on a white background, the following: “IT IS A VIOLATION OF STATE LAW FOR CIGARETTES OR OTHER TOBACCO PRODUCTS TO BE SOLD TO ANY PERSON UNDER THE AGE OF TWENTY-ONE”; and
(2) Include a depiction of a pack of cigarettes at least two inches high defaced by a red diagonal diameter of a surrounding red circle, and the words “Under 21”.
(D) Age requirement. It shall be unlawful for any person to engage in tobacco product distribution to persons under 21 years of age.
(E) Proof of age. A person selling tobacco products or rolling papers or distributing tobacco product samples shall require proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that such prospective purchaser or recipient may be under the age of 21.
(F) Liability. If a sale is made by an employee of the owner of an establishment in violation of this section, the employee shall be guilty of an offense established in division (B) above. If a vending machine is in violation of this section, the owner of the establishment shall be guilty of an offense established in division (B) above. If a sample is distributed by an employee of a company conducting the sampling, such employee shall be guilty of an offense established in division (B) above.
(G) Defense to prosecution. Reasonable reliance on proof of age or on the appearance of the purchaser or recipient shall be a defense to any action for a violation of this section. No person shall be liable for more than one violation of this section on any single day.
(Prior Code, § 210.510) Penalty, see § 130.999