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§ 134.15 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALTERNATIVE NICOTINE PRODUCT. A product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. ALTERNATIVE NICOTINE PRODUCT excludes cigarettes, smokeless tobacco, or other tobacco products as these terms are defined herein and any product approved by the United States Food and Drug Administration as a non-tobacco product for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose.
   PERSON. Any natural person, partnership, limited liability company, corporation, company or other business or entity, or the manager, agent, officer or employee of any of them.
   TOBACCO PRODUCTS. Cigarettes, cigar, smokeless tobacco or other tobacco products.
   TOBACCO VENDOR. Any person engaged in the business of selling tobacco products at retail in the city.
(1980 Code, § 30.201) (Ord. 9360, passed 11-26-2018)
§ 134.16 TOBACCO VENDOR PROHIBITIONS AND REQUIREMENTS.
   (A)   Prohibited sales and delivery. It shall be unlawful for any person, including any tobacco vendor to sell, offer for sale, give away or deliver tobacco products to any person under the age of 18 years.
   (B)   Proximity to certain institutions. It shall be unlawful for any person to sell, offer for sale, give away or deliver tobacco products within 100 feet of any school, child care facility or other building used for education or recreational programs for persons under the age of 18 years. Notwithstanding the foregoing, this division shall not apply to any sale or offer of sale by a tobacco vendor or tobacco vendor’s successors or assigns who is, prior to the effective date of this section, lawfully engaged in the business of the retail sale of tobacco products at a location which is within 100 feet of a school facility or building.
   (C)   Certain free distributions prohibited. It shall be unlawful for any tobacco vendor or any person in the business of selling or otherwise distributing, promoting or advertising tobacco products, or any employee or agent of any tobacco vendor or person, in the course of the tobacco vendor’s or person’s business, to distribute, give away or deliver tobacco products free charge to any person on any right-of-way, park playground or other property owned by the city, and school district, any park district or an public library.
(1980 Code, § 30.202) Penalty, see § 134.99
§ 134.17 PURCHASE BY MINOR PROHIBITED.
   It shall be unlawful for any person under the age of 18 years to purchase tobacco products, or to misrepresent their identity or age, or the use of any false or altered identification for the purpose of purchasing tobacco products.
(1980 Code, § 30.203) Penalty, see § 134.99
§ 134.18 POSSESSION BY MINOR PROHIBITED.
   It shall be unlawful for any person under the age of 18 years to possess any tobacco products; provided that the possession by a person under the age of 18 years is under the direct supervision of the parent or guardian of the person in the privacy of the parent’s or guardian’s home shall not be prohibited.
(1980 Code, § 30.204) Penalty, see § 134.99
§ 134.19 PURCHASE OF ALTERNATIVE NICOTINE PRODUCT BY MINOR PROHIBITED.
   A person, either directly or indirectly by an agent or employee, or by a vending machine owned by the person or located in the person’s establishment, may not sell, offer for sale, give, or furnish any alternative nicotine product, or any cartridge or component of an alternative nicotine product, to a person under 18 years of age. Before selling, offering for sale, giving, or furnishing an alternative nicotine product, or any cartridge or component of an alternative nicotine product, to another person, the person selling, offering for sale, giving, or furnishing the alternative nicotine product shall verify that the person is at least 18 years of age by:
   (A)   Examining from any person that appears to be under 27 years of age a government-issued photographic identification that establishes the person is at least 18 years of age; or
   (B)   For sales made through the internet or other remote sales methods, performing an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the person during the ordering process that establishes the person is 18 years of age or older.
(Ord. 9360, passed 11-26-2018) Penalty, see § 134.99
§ 134.20 POSSESSION OF ALTERNATIVE NICOTINE PRODUCT BY MINOR PROHIBITED.
   A person under 18 years of age shall not possess an alternative nicotine product.
(Ord. 9360, passed 11-26-2018) Penalty, see § 134.99
§ 134.99 PENALTY.
   (A)   Truancy.  
      (1)   Any person violating § 134.01(A) of this chapter for the first time shall be subject to a fine not to exceed $25. Persons violating § 134.01(A) of this chapter on more than one occasion shall be subject to a fine not to exceed $50. Alternative penalties in lieu of fine may be imposed by the court.
      (2)   Any person violating § 134.01(B) or (C) of this chapter shall be subject to a fine. The maximum fine for a first offense shall be $75. The maximum fine for a subsequent offense shall be $150.
(1980 Code, § 31.155)
   (B)   Curfew.
      (1)   Any person violating § 134.02(A) shall be subject to a fine as set in § 10.99 of this code.
      (2)   Any person violating § 134.02(F) shall be subject to a fine of not less than $200 and not more than the maximum as set for in § 10.99 of this code.
   (C)   Tobacco regulations. Any person, firm or corporation who violates any of the provisions of §§ 134.16 through 134.20 shall, in addition to any other relief as the law may afford, be punishable as set forth in § 10.99 of this code.
(1980 Code, §§ 30.202, 30.203, 30.204)
(Ord. 9199, passed 10-31-2011; Ord. 9360, passed 11-26-2018)