A. Prohibitions:
1. Minors Under Twenty-One:
a. No minor under twenty-one (21) years of age shall buy any tobacco product, and no person shall sell, buy for, distribute samples to or furnish any tobacco product to any minor under twenty-one (21) years of age.
b. No minor under twenty-one (21) years of age shall possess any cigar, cigarette, smokeless tobacco, or tobacco in any of its forms.
c. No minor under twenty-one (21) years of age, in the furtherance or facilitation of obtaining any tobacco product, shall display or use a false or forged identification card or transfer, alter, or deface an identification card.
2. Minors Under Sixteen: No minor under sixteen (16) years of age may sell any tobacco product at a retail establishment selling tobacco products. This subsection A2 does not apply to a salesclerk in a family owned business which can prove that the salesclerk is in fact a son or daughter of the owner.
3. Loose Tobacco Products: The sale or distribution by any person of a tobacco product in this subsection including, but not limited to, a single or loose cigarette that is not contained within a sealed container, pack, or package as provided by the manufacturer, which container, pack or package bears the health warning required by federal law, is prohibited.
B. Exemptions: It is not a violation of this section for a person under twenty-one (21) years of age to purchase or possess a cigar, cigarette, smokeless tobacco or tobacco in any of its forms if the person under the age of twenty-one (21) purchases or is given the cigar, cigarette, smokeless tobacco or tobacco in any of its forms from a retail seller of tobacco products or an employee of the retail seller pursuant to a plan of action to investigate, patrol, or otherwise conduct a "sting operation" or enforcement action against a retail seller of tobacco products or a person employed by the retail seller of tobacco products or on any premises authorized to sell tobacco products to determine if tobacco products are being sold or given to persons under twenty-one (21) years of age if the "sting operation" or enforcement action is approved by the village police department or the health officer for the village. (2016 Code) (amd. Ord. 19-530, 7-19-2019)