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(a) Subject to Section 605.07(c), a minor shall not do any of the following:
(1) Purchase or attempt to purchase a tobacco or vapor product.
(2) Possess or attempt to possess a tobacco or vapor product.
(3) Use a tobacco or vapor product in a public place.
(4) Present or offer to an individual a purported proof of age that is false, fraudulent, or not actually his or her own proof of age for the purpose of purchasing, attempting to purchase, possessing, or attempting to possess a tobacco or vapor product.
(b) An individual who violates Section 605.07(a) shall be subject to the following penalties:
(1) For the first violation and for each violation committed by a person under the age of 17, the person is responsible for a civil infraction punishable by a civil fine of Fifty Dollars ($50).
(2) For a second or subsequent violation, a person is guilty of a misdemeanor punishable by a fine of not more than Fifty Dollars ($50.00) for each violation.
(c) Section 605.07(a) does not apply to a minor participating in any of the following:
(1) An undercover operation in which the minor purchases or receives a tobacco product or vapor product under the direction of the minor's employer and with the prior approval of the local prosecutor's office as part of an employer sponsored internal enforcement action.
(2) An undercover operation in which the minor purchases or receives a tobacco product or vapor product under the direction of the State Police or a local police agency as part of an enforcement action, unless the initial or contemporaneous purchase or receipt of the tobacco product or vapor product by the minor was not under the direction of the State Police or local police agency and was not part of the undercover operation.
(3) Compliance checks in which the minor attempts to purchase tobacco products for the purpose of satisfying Federal Substance Abuse Block Grant Youth Tobacco Access requirements, if the compliance checks are conducted under the direction of a substance abuse coordinating agency as defined in the Public Health Code, 1978, PA 368, M.C.L.A. 333.6103 and with the prior approval of the State Police or a local police agency.
(d) Section 605.07(a) does not apply to the handling or transportation of a tobacco product or vapor product by a minor under the terms of that minor's employment.
(e) This Section does not prohibit an individual from being charged with, convicted of or found responsible for, or sentenced for any other violation of law that arises out of the violation of Section 605.07(a).
(Ord. 004-10. Passed 6-21-10; Ord. 007-2018. Passed 1-22-19.)