(A) It shall be unlawful for any person, including any licensee, to sell, offer for sale, barter, buy for, distribute samples of, furnish, deliver, give or exchange tobacco products, alternative nicotine products, or electronic cigarettes to any person under the age of twenty-one (21) years.
(B) Signs informing the public of the age restrictions provided for herein shall be posted by every licensee at or near every display of tobacco products, alternative nicotine products, or electronic cigarettes and on or upon every vending machine which offers tobacco products, alternative nicotine products, or electronic cigarettes for sale. Each such sign shall be plainly visible and shall state:
“THE SALE OF TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, OR ELECTRONIC CIGARETTES TO PERSONS UNDER TWENTY-ONE (21) YEARS OF AGE OR THE MISREPRESENTATION OF AGE TO PROCURE SUCH A SALE IS PROHIBITED BY LAW.”
(C) The text of such signs shall be in red letters on a white background, said letters to be at least one inch high.
(D) Before selling, offering for sale, bartering, giving, or furnishing a tobacco product, alternative nicotine product, or electronic cigarette to another person, the person selling, offering for sale, bartering, giving, or furnishing the tobacco product, alternative nicotine product, or electronic cigarette shall verify that the person is at least twenty-one (21) years of age by:
(1) Examining from any person that appears to be under thirty (30) years of age a government-issued photographic identification that establishes the person to be twenty-one (21) years of age or older; or
(2) For sales of tobacco products, alternative nicotine products, or electronic cigarettes 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 twenty-one (21) years of age or older.
(Ord. 02-2350, passed 7-9-02; Am. Ord. 19-4165, passed 8-1-19) Penalty, see § 119.101