(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS. Any sole proprietorship, joint venture, corporation or other business entity, including retail establishments where goods or services are sold.
MINOR. Any person under 21 years of age.
PERSON. Any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee or other legal entity.
SELF-SERVICE MERCHANDISING. Any open display of tobacco or tobacco products and point-of-sale tobacco-related promotional products to which customers have access without the assistance or intervention of an employee.
TOBACCO PRODUCT. Any tobacco cigarette or cigar, pipe tobacco, smokeless tobacco, chewing tobacco or any other form of tobacco which may be utilized by smoking, chewing, inhaling or other means of ingestion.
TOBACCO RETAILER. Any person or entity operating a store, stand, booth, concession or other place which sells tobacco or tobacco products to customers for consumption or use, whether utilized primarily for the sale of tobacco or tobacco products or in which the sale of tobacco or tobacco products is incidental.
TOBACCO VENDING MACHINE. Any electronic or mechanical device utilizing the insertion of money, whether coin or paper currency or other things of value, which dispenses or releases tobacco or tobacco products.
VENDOR-ASSISTED ACCESS. Access to tobacco or tobacco products wherein customers do not have direct access to take possession of such without assistance from a store employee.
(B) It shall be unlawful for any person or organization within the city:
(1) To sell, permit to be sold, or offer for sale tobacco or tobacco products to any person by means other than vendor-assisted access;
(2) To display tobacco or tobacco products in a manner allowing customers access to tobacco or tobacco products without vendor assistance;
(3) To give away, hand out or otherwise distribute free samples of cigarettes of other tobacco products, or coupons that can be redeemed for free samples of cigarettes or other tobacco products; or
(4) To sell tobacco products in any form except in original factory-wrapped packages.
(C) (1) This section shall not apply to tobacco vending machines regulated by state law, tobacco retail stores or to any business, retailer or establishment which is licensed by the State Liquor Control Commission for a dispensing license and required to be posted preventing any minors from access to the premises, nor shall this subchapter apply to other forms of sale or distribution which are specifically allowed by federal or state law.
(2) This exception shall not apply to the sale of tobacco or tobacco products by vending machine or other similar distribution method which is not regulated by the Liquor Control Commission or by other state or federal laws.
(Prior Code, § 2-126) (Ord. 753, passed 6-8-2021) Penalty, see § 131.99