§ 14-111. Cigarette sales to minors.

(a)

It shall be unlawful for any person to sell, provide or distribute tobacco products to persons under 18 years of age.

(b)

By January 1, 2002, all vending machines that dispense tobacco products shall be located within the unobstructed line of sight and under the direct supervision of an adult responsible for preventing persons less than 18 years of age from purchasing any tobacco product from such machine or shall be equipped with a lock-out device to prevent the machines from being operated until the person responsible for monitoring sales from the machines disables the lock. Such locking device shall be of a design that prevents it from being left in an unlocked condition and which will allow only a single sale when activated. A locking device shall not be required on machines that are located in areas where persons less than 18 years of age are not permitted or prohibited by law. Nothing in this section shall apply to a vending machine if located in a factory, private club or other location not generally accessible to the general public.

(c)

No person or entity shall sell, provide or distribute any tobacco product or rolling papers to any minor, or sell any individual cigarettes to any person. This subsection shall not apply to the distribution by family members on property that is not open to the public.

(d)

Any person, including, but not limited to, a sales clerk, owner or operator who violates subsection (a), (b) or (c) of this section shall be penalized as follows:

(1)

For the first offense, $25.00;

(2)

For the second offense, $100.00;

(3)

For a third and subsequent offense, $250.00.

(e)

A person cited for selling, providing or distributing any tobacco product to any individual less than 18 years of age in violation of subsection (a), (b) or (c) of this section shall conclusively be presumed to have reasonably relied on proof of age of the purchaser or recipient, and such person shall not be found guilty of such violation if such person raises and proves as an affirmative defense that:

(1)

Such individual presented a driver's license or other government-issued photo identification purporting to establish that such individual was 18 years of age or older.

(Ord. No. 3836, § 1, 12-17-01)

State law reference

Sale of tobacco products to minors, 407.924 et seq.