§ 113.01 FINDINGS.

   The City Council finds that the facts stated in the preamble of Ord. 2003-26 are true.

(1969 Code, § 17-3) (Am. Ord. 2003-26, passed 10-13-2003)

§ 113.02 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   DISTRIBUTION. To give, sell, deliver, dispense, issue, or offer to give, sell, deliver, dispense, or issue.

   EMPLOYEE. Any person who may be required or directed by any employer in consideration of direct or indirect gain or profit, to engage in any employment, or to go, or work, or be at any time in any place of employment.

   EMPLOYER. Any person, firm, corporation, agent, manager, representative, or other person having control or custody of any employment, place of employment, or employee.

   ESTABLISHMENT. Any physical facility operated by a commercial enterprise, nonprofit entity, government agency, or other person.

   MINOR. A person under 18 years of age.

   ORGANIZATION. A corporation for profit or not-for-profit, partnership, limited partnership, joint venture, unincorporated association, estate, trust, or other commercial legal entity.

   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.

(1969 Code, § 17-3) (Am. Ord. 2003-26, passed 10-13-2003)

§ 113.03 PURCHASE, POSSESSION; REPRESENTATION OF AGE.

   Except as provided in § 113.04 below, no person under 18 years of age may do any of the following:

   (A)   Buy or attempt to buy or possess any cigarette or tobacco product; or

   (B)   Falsely represent his or her age for the purpose of receiving or possessing any cigarette or tobacco product.

(1969 Code, § 17-3) (Am. Ord. 2003-26, passed 10-13-2003) Penalty, see § 113.99

§ 113.04 EMPLOYMENT EXEMPTION.

   A person under 18 years of age may purchase or possess cigarettes or tobacco products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer licensed under state statute.

(1969 Code, § 17-3) (Am. Ord. 2003-26, passed 10-13-2003)

§ 113.05 DELIVERY TO MINOR PROHIBITED.

   No person shall in any manner, directly or indirectly, sell or possess with intent to sell, exchange, or give away any cigarette or tobacco products to any person under 18 years of age, except that a retailer may transfer cigarette or tobacco products to a child employee, strictly for resale on the licensed premises to an adult making a purchase.

(1969 Code, § 17-3) (Am. Ord. 2003-26, passed 10-13-2003) Penalty, see § 113.99