(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.)