The following provisions shall be applicable to the prohibition and enforcement of the ordinance codified herein prohibiting the possession and use of tobacco products, e-cigarettes, and similar vaping devices by minors.
A. Intent: It is the intent of this section to protect the public health, safety, and welfare of the citizens of the Town of Simla, and particularly minor children, by prohibiting the possession and use of tobacco products, e-cigarettes, and similar vaping devices by minors and by prohibiting the dissemination and furnishing of tobacco products, e-cigarettes, and other vaping devices and products to minors.
B Definitions: As used in this section, the following words or phrases are defined as follows:
MINOR: | Any person under eighteen (18) years of age. |
SMOKING: | Holding or carrying of a lighted pipe, lighted cigar, or lighted cigarette of any kind and includes the lighting of a pipe, cigar, or cigarette of any kind. |
VAPING: | The act of inhaling and exhaling the aerosol, often referred to as vapor, which produced by an e-cigarette or similar device. |
TOBACCO PRODUCT: | Any substance containing tobacco leaf, including, but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco. |
C. Unlawful Possession or Use of Tobacco Products or Vaping Products by Minors.
1. It shall be unlawful for any minor to possess any tobacco product, e-cigarette, or other vaping device.
2. It shall be unlawful for any minor to consume or use, either by smoking, ingesting, absorbing, chewing, or vaping any tobacco product, e-cigarette, or other vaping device.
3. It shall be unlawful for any minor to purchase, obtain, or attempt to purchase or obtain any tobacco product, e-cigarette, or other vaping device by misrepresentation of age or by any other method.
4. It shall be rebuttably presumed that the substance within a package or container is a tobacco product, e-cigarette, or other vaping device if the package or container has affixed to it a label which identifies the package or container as containing a tobacco product, e-cigarette, or other vaping device.
5. The Simla Municipal Court may, in its discretion, and as part of the sentence to be imposed against any minor convicted of violating this section, require the offender to complete any educational requirement imposed as a component of any sentence.
D. Unlawful Furnishing of Tobacco Products, E-Cigarettes, or Other Vaping Devices to Minors:
1. It shall be unlawful for any person to knowingly furnish to any minor, by gift, sale, or any other means, any tobacco product.
2. It shall be an affirmative defense to a prosecution under this section that the person furnishing the tobacco product, e-cigarette, or other vaping device was presented with and reasonably relied upon a document which identified the minor receiving the item or items as being eighteen (18) years of age or older.
E. Retail Sale of Tobacco Products, E-Cigarettes, or Similar Vaping Device:
1. It shall be unlawful for any business proprietor, manager, or other person in charge or control of a retail business of any kind to engage, employ, or permit any minor to sell tobacco products, e-cigarettes, or similar vaping devices, from such retail business.
2. It shall be unlawful for any business proprietor, manager, or other person in charge of or control of a retail business of any kind to stock or display a tobacco product, e-cigarette, or similar vaping device in any way which allows a customer to access such tobacco product, e-cigarette, or similar vaping device, without first securing the physical assistance of an adult business employee for each transaction. The provisions of this section shall not apply to stores possessing a valid retail liquor store license, as defined by the Colorado Liquor Code, issued by the Town, and shall not apply to vending machines meeting the requirements of this section.
F. Vending Machines:
1. It shall be unlawful for any person to sell or offer to sell any tobacco product, e-cigarette, or other vaping device, by use of a vending machine or other coin operated machine except that tobacco products, e-cigarettes or other vaping devices may be sold at retail, through vending machines only in places to which minors are not permitted access and such vending machine is under the direct supervision of the owner of the establishment or an adult employee of the owner.
2. It shall be unlawful for any person to possess or allow upon premises controlled by such person an operable vending machine containing any tobacco product, e-cigarette, or other vaping device, unless such vending machine is located in a place where minors are not permitted access and such vending machine is under direct supervision of the owner of the establishment or an adult employee of the owner.
3. As used in this section, "under direct supervision" means the vending machine shall be in plain vision of the adult employee or owner during regular business hours.
G. Violation: Any person who shall violate any of the provisions of this section shall be fined in a sum of not less than forty five dollars ($45.00) nor more than seven hundred dollars ($700.00), per violation. (Ord. 319, 8-11-2020)