(A) Definitions: The following definitions shall apply to this section:
E-CIGARETTE: An electronic device usually composed of a mouthpiece, a heating element or atomizer, a battery, and electronic circuits that provides a gas derived from liquid nicotine and/or other substances which is inhaled by a user simulating smoking. The term includes such devices, regardless of the details of the product appearance or marketed name, generally manufactured to resemble cigarettes, cigars, pipes, or other smoking devices.
SMOKELESS TOBACCO: Any tobacco products that are suitable for dipping or chewing, including any finely cut, ground, powdered or leaf tobacco that is intended to be placed in the oral cavity.
SMOKING HERBS: All substances of plant origin and their derivatives, including, but not limited to, broom, calea, California poppy, damiana, hops, ginseng, lobelia, jimpson weed and other members of the Datura genus, passion flower and wild lettuce, which are processed or sold primarily for use as smoking materials.
TOBACCO ACCESSORIES: Cigarette papers, pipes, holders of smoking materials of all types, cigarette rolling machines, and other items designed primarily for the smoking or ingestion of tobacco products or other substances whose sale, gift, barter, exchange or distribution is made unlawful under this section.
(B) Sale Or Distribution To Minors Prohibited: No person under eighteen (18) years of age shall buy and no person shall sell, buy for, distribute samples of, barter, exchange, deliver, give away or furnish, or cause, permit or procure to be sold, distributed, bartered, exchanged, delivered or given away any cigar, cigarette, smokeless tobacco, tobacco accessories, e-cigarette or smoking herbs to any person under eighteen (18) years of age.
(C) Use Of False Identification Card: No person in the furtherance or facilitation of obtaining cigars, cigarettes, smokeless tobacco, tobacco accessories, e-cigarettes or smoking herbs, shall display or use a false or forged identification card or transfer, alter or deface an identification card.
(D) Penalty: Any person convicted of any violation of the provisions of this chapter shall be subject to the penalty as provided for by section 1-4-1 of this code.
(E) Penalty; Possession Of Tobacco By A Minor Prohibited: It shall be unlawful for any person under the age of eighteen (18) years to possess any tobacco products or e-cigarettes, provided that the possession of such products by a person under the age of eighteen (18) years under the direct supervision of the parent or guardian of such person in the privacy of the parent's or guardian's home shall not be prohibited. Any person convicted of violating this provision shall be subject to the penalty as provided by section 1-4-1 of this code. In lieu of filing a complaint in court, the proper police officer or other designated officer may employ the compromise and settlement procedure as provided in section 1-4-6 of this code in full settlement, compromise and disposition of any claimed violation of this section. (Ord. 2883, 10-15-2015)