A. Definitions:
SMOKING HERBS: All substances of plant origin and their derivatives, including, but not limited to, broom, Calea, California poppy, damiana, hops, ginseng, Lobelia, jimsonweed and other materials of the Datura genus, passionflower, and wild lettuce which are processed or sold primarily for use as smoking materials.
TOBACCO:
Loose tobacco, plants, or herbs and cigars, cigarettes, pipes, vaporizers which are intended to simulate smoking tobacco, electronic cigarettes (a.k.a. e-cigs or e-cigarettes), alternative nicotine products, or any electronic nicotine delivery system and other smoking devices for burning tobacco and related smoking accessories.
TOBACCO ACCESSORIES: Cigarette papers, holders of smoking materials of all types, cigarette rolling machines and other items, designed primarily for smoking or ingestion of tobacco products or of illegal substances or of substances whose sale, gift, barter or exchange is made unlawful pursuant to law. (Ord. 0-15-02, 1-26-2015)
B. Sale Of Tobacco To Persons Under Twenty One (21) Prohibited: No person shall sell, purchase for, or furnish any cigar, cigarette or tobacco in any of its forms, to any other person under twenty one (21) years of age.
C. Suspension Or Revocation Of Retailer's License: Any person possessing a retailer's license within the city shall be subject to suspension or revocation of said license for any violation of the provisions of this section.
D. Self-Service Not Allowed: It shall be unlawful to sell, offer, give away, or display tobacco products for sale at any location where the consumer can acquire those products through self-service. All tobacco products will be displayed from behind a sales/service counter so that no consumer can access tobacco products without assistance by an employee of the licensee. This restriction shall not apply to customer self-service through vending machines. However, vending machines must be directly visible by the owner or licensee of the premises, or his/her employee(s).
E. Penalty: Any person violating any provision of this section shall be fined one hundred dollars ($100.00) for the first offense and five hundred dollars ($500.00) for the second offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 0-97-49, 8-4-1997, eff. 8-14-1997; amd. Ord. 0-02-03, 2-19-2002, eff. 3-1-2002; Ord. 0-03-37, 9-29-2003, eff. 10-9-2003; Ord. 0-15-02, 1-26-2015; Ord. O-19-19, 6-24-2019)