(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
MINOR. A person under the age of 18 years of age or a greater age as may be imposed by the state as it relates to the sale and use of tobacco products by minors.
TOBACCO PRODUCTS. Includes any substance containing tobacco leaf, or any product that is made from or derived from tobacco, and is intended for human consumption or is likely to be consumer, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, snus or an electronic smoking device. The term includes any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes or liquids used in electronic smoking devices, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco. TOBACCO PRODUCT does not include drugs, devices or combination products authorized for sale by the United States Food and Drug Administration as a tobacco cessation product, or as a tobacco dependence product or for other medicinal purposes.
ELECTRONIC CIGARETTE. A device which simulate tobacco or other smoking. It uses a heating device or other mechanism that vaporizes a liquid solution. An ELECTRONIC CIGARETTE includes devices known as personal vaporizer or electronic nicotine delivery system, but ELECTRONIC CIGARETTE does not include drugs, devices or combination products authorized for sale by the United States Food and Drug Administration as a tobacco cessation product, or as a tobacco dependent product or for other medicinal purposes.
ELECTRONIC CIGARETTE PRODUCT. A product designed or intended for use with an electronic cigarette, such as atomizers, cartomizers, batteries, bottles or vaporizing liquid (e-juice).
ALTERNATIVE NICOTINE PRODUCT. A product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing or by any other means. This does not include tobacco products as that terms if defined in this section or any product approved by the United States Food and Drug Administration as a nontobacco product for sale as a tobacco cessation product, or as a tobacco dependence product or for other medicinal purposes.
(B) Sale or delivery of tobacco or electronic cigarette products to minors. It shall be unlawful for any person to sell, offer for sale, give away or deliver any tobacco product, electronic cigarette, electronic cigarette product or alternative nicotine product to a minor. If any person suspects that a minor is attempting to purchase or obtain any tobacco product, electronic cigarette, electronic cigarette product or alternative nicotine product, such person shall request and examine identification from the purchaser or acquirer and positively establish the purchaser’s or acquirer’s age allowing the purchase or delivery of such products to occur.
(C) Purchase of tobacco or electronic cigarette products by minors. It shall be unlawful for a minor to purchase any tobacco product, electronic cigarette, electronic cigarette product or alternative nicotine product, or for a minor to misrepresent his or her identity or age, or to use any false or altered identification for the purpose of purchasing tobacco products, electronic cigarette electronic cigarette product or alternative nicotine product.
(D) Possession or consumption of tobacco or electronic cigarette products by minors.
(1) It shall be unlawful for a minor to possess or consume in any manner or form any tobacco product, electronic cigarette, electronic cigarette product or alternative nicotine product.
(2) Possession of any tobacco product, electronic cigarette, electronic cigarette product or alternative nicotine product by a minor is not an offense if the minor was in possession of an unopened container or containers of such products while performing his or her specified duties at a lawful place of employment.
(3) The prevision of division (B) above and this division (D) of this section do not apply to a minor who is under the direct and immediate supervision of his or her parent or legal guardian in the privacy and confines of the parent’s or legal guardian’s residence.
(E) Seizure. A law enforcement officer shall seize any tobacco product, electronic cigarette, electronic cigarette product or alternative nicotine product or products involved in any violation of this section committed in his or her presence.
(G) Violation. Any person violating any provision of this section shall be fined in accordance with the general penalty provisions of this code for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. 01-1033, passed 1-23-2001; Ord. 08-1483, passed 6-24-2008; Ord. 11-104, passed 6-6-2011; Ord. 19-103, passed 3-4-2019) Penalty, see § 134.99