650.07 SALE OF TOBACCO, VAPOR AND ALTERNATIVE NICOTINE DELIVERY PRODUCTS TO PERSON LESS THAN 21 YEARS OF AGE.
   (a)   Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
      (1)   Alternative nicotine delivery product means a noncombustible product containing nicotine that is intended for human consumption whether chewed, absorbed, dissolved or ingested by any other means.
      (2)   Tobacco product means a product that contains tobacco and is intended for human consumption including, but not limited to, cigarettes, cigars, non-cigarette smoking tobacco, or smokeless tobacco as those terms are defined in Section 2 of the Tobacco Products Tax Act, 1993 PA 327, M.C.L.A. 205.422.
      (3)   Vapor product means a noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electric, chemical or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine or in a solution or other form. Vapor products include an electronic cigarette (e-cigarette), electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and a vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette (e-cigarette), electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.
   (b)   A person shall not sell, give, or furnish any tobacco products, vapor products, or alternative nicotine delivery products to a person under 21 years of age. For purposes of this section, a person under the age of 21 is deemed a “minor.” A person who violates this section is guilty of a misdemeanor punishable by a fine as follows:
      (1)   For a first offense, not more than $100.00.
      (2)   For a second offense, not more than $500.00.
      (3)   For a third or subsequent offense, not more than $2,500.00.
   (c)   A person who sells tobacco products, vapor products, or alternative nicotine products at retail shall post, in a place close to the point of sale and conspicuous to both employees and customers, a sign that includes the following statement:
      “The purchase of a tobacco product, vapor product, or alternative nicotine product by a minor under 21 years of age and the provision of a tobacco product, vapor product, or alternative nicotine product to a minor are prohibited by law. A minor who unlawfully purchases or uses a tobacco product, vapor product, or alternative nicotine product is subject to criminal penalties.”
(Ord. 85-A12. Passed 3-11-20.)