(1) Findings and Intent. The City hereby declares that it is the policy of the City to affirm the scientific evidence that the use of tobacco products is causally connected to many diseases and is dangerous to human health. Placing tobacco products out of the reach of children will reduce the likelihood of children to use tobacco products.
(2) Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meaning given.
Nicotine Delivery Device. A device providing for the ingestion and/or absorption of nicotine into the body such as patches, inhalers, chewing gum, beverages containing nicotine, nasal spray and lozenges.
Place of Business. A place where tobacco products are sold at retail, including vending machines.
Responsible Person. Any person, firm, association, company, partnership or corporation or agent or employee of same who operates a store, stand, booth, concession or other place at which tobacco sales are made to purchasers. A responsible person as defined and applied herein must be an individual eighteen (18) years or older.
Tobacco or Nicotine Products. Cigarettes, cigars, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco, snuff, snuff flour, cavendish, plug and twist tobacco, fine cut and other chewing tobacco, shorts, refuse scraps, clippings, cuttings, and sweepings of tobacco or nicotine, and anything containing tobacco or any other kinds and forms of tobacco prepared in such manner as to be suitable for either chewing, smoking in a pipe, chewing and smoking, or inhaling and snorting through the nose.
Vending Machine. Any device or machine requiring the deposit of money or other things of value, including any such device or machine activated or operated by the vendor or by an employee or agent of the vendor.
Vendor-Assisted Access. Access to tobacco, tobacco products or other nicotine delivery devices only with the direct assistance of the vendor or a vendor employee or agent, so that customers do not have direct access to take possession of tobacco, tobacco products or other nicotine delivery devices without direct assistance from the vendor or a vendor employee or agent. A vendor or a vendor employee or agent must be at least eighteen (18) years or older to sell tobacco.
(3) Certain Forms of Distribution Prohibited.
(a) It shall be unlawful to sell tobacco or nicotine products or nicotine delivery devices in any form except original factory-wrapped packages. The sale of single cigarettes is specifically prohibited.
(b) It shall be unlawful for any person or organization to give away, hand out or otherwise distribute free samples of cigarettes or other tobacco products, or coupons that can be redeemed for free samples of cigarettes or other tobacco products or those that reduce the price of tobacco products, anywhere within this jurisdiction.
(c) It shall be unlawful for any person to:
1. Sell, permit to be sold or offer for sale tobacco, tobacco products or nicotine delivery devices by means other than vendor-assisted access;
2. Display tobacco, tobacco products or nicotine delivery devices in a manner allowing customers access to tobacco, tobacco products or nicotine delivery devices without vendor assistance; and
3. Shall prohibit the sale of tobacco or nicotine products through the use of vending machines.
(4) Penalty and Culpability.
(a) The violation of any provision in this Article shall be punished by a fine of up to two hundred dollars ($200.00) for the first offense under such Article. The violation of any provision in this Article shall be punished by a fine of up to five hundred dollars ($500.00) for each offense after the first offense. Each day any such violation shall continue, and each unlawful transaction or occurrence, shall constitute a separate offense.
(b) There shall be no requirement of a culpable mental state for a violation of this Article. (Ord. No. 742, 8/7/07)