§ 17-63. Prohibition of the sale of tobacco to a minor.

(a)

No person shall sell any tobacco product or distribute any tobacco product or rolling papers to any minor.

(b)

Any person who violates this section shall be fined:

(1)

For the first offense, $100.00;

(2)

For the second offense, $250.00; and

(3)

For a third and subsequent offense, $1,000.00.

(c)

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-half-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 or be in the possession of any person under the age of 18."; and

(2)

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

(d)

It shall be unlawful for any person to engage in tobacco product distribution to persons under 18 years of age.

(e)

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 any ordinary person would conclude on the basis of appearance that such perspective purchaser or recipient may be under the age of 18.

(f)

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

(g)

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.

(Ord. No. 17-03, § 1, 2-13-17)