A. Definitions:
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 twenty-one (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 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 tobacco and is intended for human consumption. |
TRANSACTION SCAN DEVICE: | The process by which a seller checks, by means of a transaction scan device, the validity of a driver's 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's license or other government issued photo identification. |
VAPOR PRODUCT: | Noncombustible 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 and any vapor cartridge or other container of a solution, that may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo or electronic device. "Vapor products" do not include any products regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act. |
B. Tobacco Sales To Minors:
1. Unlawful: It is unlawful for any person within the city to sell, give or furnish in any manner any tobacco or vapor product to another person who is under twenty-one (21) years of age, or to purchase in any manner a tobacco or vapor product on behalf of any such person; provided, however, that it shall not be unlawful for an employee under twenty-one (21) years of age to handle such products when required in the performance of the employee's duties.
2. Proof of Age: A person engaged in the sale or distribution of tobacco 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 under twenty-one (21) years of age.
3. Penalty: Any person, firm or corporation who violates any provision of this subsection shall be guilty of a misdemeanor and, upon conviction, shall be assessed a fine of:
a. Not more than one hundred dollars ($100.00) for the first offense,
b. Not more than two hundred dollars ($200.00) for the second offense within a two-year period following the first offense,
c. Not more than three hundred dollars ($300.00) for a third offense within a two-year period following the first offense.
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 subsection.
4. Employee Violations: If the sale is made by an employee of the owner of a store at which tobacco or vapor products are sold at retail, the employee shall be guilty of the violation and shall be subject to the fine. Each violation by any employee of an owner of a store licensed to sell tobacco or vapor products shall be deemed a violation against the owner for purposes of a license suspension pursuant to subsection B5 of this section.
5. Failure To Pay Fine: Upon failure to pay such fine within ninety (90) days of assessment, the municipal court clerk shall notify the department of public safety and the department shall suspend or not issue a driver's license to said employee until proof of payment has been furnished to the department of public safety. Upon failure of a store owner to pay the fine within ninety (90) days of the assessment of the fine, the municipal court clerk shall notify the tax commission and the tax commission shall suspend the store's license to sell tobacco products until proof of payment has been furnished to the Oklahoma tax commission.
C. Minors Not To Possess Tobacco or Vapor Product:
1. Unlawful: It is unlawful for a person within the city who is under twenty-one (21) years of age to purchase, receive or have in their possession a tobacco 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 or vapor product; provided, however, that it shall not be unlawful for such a person to handle such tobacco or vapor product when required in the performance of such person's duties.
2. Penalty; Failure To Pay Fine: Any person, firm or corporation who violates any provision of this subsection shall be guilty of a misdemeanor and, upon conviction, shall be assessed a fine
a. Not to exceed one hundred dollars ($100.00) for a first offense; and
b. Not to exceed two hundred dollars ($200.00) for a second or subsequent offense within a one-year period following the first offense.
Upon failure of the individual to pay such fine within ninety (90) days of the day of such fine, the municipal court clerk shall notify the department of public safety and the department of public safety shall suspend or not issue a driver's license to said individual until proof of payment has been furnished to the department of public safety.
D. Signs In Retail Establishments:
1. Required: Every person who sells or displays tobacco or vapor products at retail shall post conspicuously and keep so posted at the place of business a sign stating the following:
“IT'S THE LAW. WE DO NOT SELL TOBACCO OR VAPOR PRODUCTS TO PERSONS UNDER 21 YEARS OF AGE.”
The sign shall also provide the toll free number operated by the alcoholic beverage laws enforcement (ABLE) commission for the purpose of reporting violations of the prevention of youth access to tobacco act.
2. Penalty: When a person violates subsection D.1. of this section, the city shall assess a fine not to exceed Fifty Dollars ($50.00). Each day a violation is continuing shall constitute a separate offense. The notice required by subsection D1 of this section shall be the only notice required to be posted or maintained in any store that sells tobacco or vapor products at retail.
E. Notice To Retail Employees; Signed Acknowledgment:
1. Required: Every person engaged in the business of selling tobacco or vapor products at retail shall notify each individual employed by that person as a retail salesclerk that state law:
a. Prohibits the sale or distribution of tobacco or vapor products to any person under twenty-one (21) years of age and the purchase or receipt of tobacco or vapor products by any person under twenty-one (21) years of age; and
b. Requires that proof of age be demanded from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser or recipient may be under twenty-one (21) years of age.
2. Signed Acknowledgment: This notice shall be provided before the individual commences work as a retail salesclerk. The individual shall signify that he or she has received the notice required by this subsection by signing a form stating as follows:
I understand that state law prohibits the sale or distribution of tobacco products or vapor products to persons under twenty-one (21) years of age and out of package sales, and requires proof of age of purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser or recipient may be under twenty-one (21) years of age. I promise, as a condition of my employment, to obey the law. I understand that violations by me may be punishable by fines, suspension or nonissuance of my driver's license. In addition, I understand that violations by me may subject the store owner to fines or license or permit suspension.
F. Vending Machine Sales Restricted: It shall be unlawful for any person to sell tobacco or vapor products through a vending machine, unless the vending machine is located:
1. In areas of factories, businesses, offices or other places that are not open to the public; and
2. In places that are open to the public, but to which persons under twenty-one (21) years of age are not admitted.
G. Distribution Of Tobacco or Vapor products:
1. Prohibition: It shall be unlawful for any person within the city to distribute tobacco products, vapor products or product samples to any person under twenty-one (21) years of age.
2. Distance Requirements: Notwithstanding subsection G.1. of this section, no person shall distribute tobacco products, vapor products or product samples in or on any public street, sidewalk or park that is within three hundred feet (300') of any playground, school or other facility when the facility is being used primarily by persons under twenty-one (21) years of age.
3. Penalty: Any person, firm or corporation who violates any provisions of this subsection shall be guilty of a misdemeanor and, upon conviction, shall be assessed of:
a. Not more than one hundred dollars ($100.00) for the first offense;
b. Not more than two hundred dollars ($200.00) for the second offense; and
c. Not more than three hundred dollars ($300.00) for a third or subsequent offense.
4. Failure To Pay: Upon failure of the individual to pay the fine within ninety (90) days of the assessment of such fine, the municipal court clerk shall notify the department of public safety and the department of public safety shall suspend or not issue a driver's license to said individual until proof of payment has been furnished to the department of public safety.
H. Sale Of Cigarettes:
1. Unlawful: It shall be unlawful for any person to sell cigarettes, except in the original, sealed package in which they were placed by the manufacturer.
2. Penalty: Any person, firm or corporation who violates any provision of this subsection shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine:
a. Not to exceed one hundred dollars ($100.00) for a first offense; and
b. Not to exceed two hundred dollars ($200.00) for a second or subsequent offense within a one-year period following the first offense.
Each day of continuation of any such violation shall be deemed a separate offense.
I. Display Or Sale Of Tobacco Products; Public Access:
1. Prohibition: 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 product without assistance from the person displaying the tobacco product or vapor product or an employee or the owner of the store. The provisions of this subsection shall not apply to retail stores which do not admit into the store persons under twenty-one (21) years of age.
2. Penalty: When a person violates subsection I.1. of this section, the city shall impose a fine of not more than two hundred dollars ($200.00) for each offense.
J. Transfer Of Any Material Or Device Used In Smoking, Chewing Or Consumption Of Tobacco To Minors:
1. Prohibited: It is unlawful for any person to sell, give or furnish in any manner to another person who is under twenty-one (21) years of age any material or device used in the smoking, chewing or other method of consumption of tobacco products or vapor products, including cigarette papers, pipes, holders of smoking materials of all types, and other items designed primarily for the smoking or ingestion of tobacco products or vapor products.
2. Penalty: When a person violates subsection J.1 .of this section, the city shall impose a fine of not more than one hundred dollars ($100.00) for each offense. (Ord. 425, 12-9-2014; amd. Ord. 485, 4-13-2021)