§ 13-5. Distribution of tobacco products to minors.

(a)

Prohibited. No person shall sell or distribute any tobacco product or rolling papers to any minor, except that this subsection shall not apply to the distribution by family members on property that is not open to the public.

(b)

Sign to be displayed. The owner of an establishment at which tobacco products or rolling papers are sold at retail or through vending machines shall cause to be prominently displayed in a conspicuous place at every display from which tobacco products are sold and on every vending machine where tobacco products are purchased a sign that shall:

(1)

Contain in red lettering at least one (1) inch high on a white background the following: "It is a violation of state law for cigarettes or other tobacco products to be sold to any person under the age of eighteen," and

(2)

Include a depiction of a pack of cigarettes at least two (2) inches high defaced by a red diagonal diameter of a surrounding red circle, and the words "Under 18."

(c)

Evidence of age to be required. A person selling tobacco products or rolling papers or distributing tobacco product samples shall require proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that such prospective purchaser or recipient may be under the age of eighteen (18). Reasonable reliance on proof of age or on the appearance of the purchaser or recipient shall be a defense to any action for a violation of this section.

(d)

Employee liability. If a sale is made by an employee of the owner of an establishment in violation of this section, the employee shall be guilty of an offense established in subsection (a) of this section. If a vending machine is in violation of the sign required by subsection (b) of this section, the owner of the establishment shall be guilty of an offense under this section. If a sample is distributed by an employee of a company conducting the sampling, such employee shall be guilty of an offense under this section.

(e)

Penalty. Any person who violates this section shall be fined:

(1)

For the first offense, twenty-five dollars ($25.00);

(2)

For a second offense, one hundred dollars ($100.00);

(3)

For a third and subsequent offense, two hundred fifty dollars ($250.00).

(f)

One violation each day. No person shall be liable for more than one (1) violation of this section on any single day.

(Ord. No. 6493, §§ 1—6, 5-25-93; Ord. No. 17-20, § 1, 6-13-17)

Editor's note

Ord. No. 6493 did not specifically amend this Code; hence, inclusion of §§ 1—6 as § 13-5 was at the discretion of the editor.