(A) Definition. As used in this section, TOBACCO PRODUCTS means any substance containing tobacco, including but not limited to: cigarettes, electronic cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco.
(B) Prohibited sale or delivery.
(1) No person shall sell, offer for sale, give away, or deliver tobacco products to any person under the age of 21 years.
(2) Any violation of this section is a misdemeanor and upon conviction is punishable by the provisions of § 1-4-1.
(3) It is an affirmative defense to a prosecution under division (B)(1) above that:
(a) In the case of a sale, offer for sale, giving away, or delivery, the person who sold, offered to sell, gave away, or delivered the tobacco product was presented with, and reasonably relied upon, an identification card which identified the person buying or receiving the tobacco product as being 21 years of age or older; or
(b) The tobacco product was given or delivered to the person under 21 years of age by his or her parent or guardian, and the tobacco product was given or delivered to the person for use in the privacy of his or her parent’s or guardian’s home or under the direct supervision of the parent or guardian.
(C) Purchase by minors prohibited.
(1) No person under the age of 21 years shall purchase tobacco products, or misrepresent his or her identity or age, or use any false or altered identification for the purpose of purchasing tobacco products.
(2) Any violation of this section is a misdemeanor and upon conviction punishable by the provisions of § 1-4-1.
(D) Possession or use by minors prohibited.
(1) It is unlawful for any person under the age of 21 years to possess or use any tobacco products.
(2) Any violation of this section is a misdemeanor and upon conviction punishable by the provisions of § 1-4-1.
(3) It is an affirmative defense to a prosecution under division (D)(1) above that the defendant possessed or used the tobacco product(s) in the home of, or under the direct supervision of, his or her parent or guardian.
(Prior Code, § 6-5-2) (Ord. 318, passed 11-20-1997; Ord. 2024-01, passed 4-4-2024)