Artesia Municipal Code Ch. 17 Self-Service Tobacco and Electronic Cigarette Sales Prohibited

Note: Prior ordinance history: Ord. No. 615.

For purposes of this chapter, the following terms shall be defined as follows:

"Electronic cigarette"

shall mean an electronic or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances, including any such device that is manufactured, distributed, marketed, or sold as an electronic cigarette, e-cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah or any other product name or descriptor. "Electronic cigarette" does not include any inhaler prescribed by a licensed physician.

"Places where no person under 18 years of age is ever permitted"

shall mean businesses, events or sites where existing Federal, State or local law prohibits minors from being present. Such locales include, but are not limited to, bars, night clubs and tobacco lounges.

"Retail tobacco and electronic cigarette store"

shall mean a retail store utilized primarily for the sale of tobacco and electronic cigarette products and accessories and in which the sale of other products is merely incidental. For purposes of this subsection, the term "primarily" shall mean that at least 80% of the square footage of the available retail floor or shelf space is devoted to the sale of tobacco and electronic cigarettes and tobacco and electronic cigarette related products and accessories. A retail tobacco and electronic cigarette store includes, but is not limited to, a tobacco shop, cigar store, cigar lounge, electronic cigarette shop, electronic cigarette store or similar establishment.

"Self-service display"

shall mean the display of tobacco or electronic cigarette products, or both, in such a manner that the products are accessible by the public without the assistance or intervention of a store employee, including but not limited to a rack, shelf, or counter-top display.

"Vendor-assisted sale"

shall mean a purchase requiring a direct, face-to-face exchange between the retailer and the customer, in which the vendor has access to the tobacco and electronic cigarette product, and assists the customer by supplying the product and where the customer does not take possession of the product until it is purchased.

(Ord. 14-807, § 4)

Except as hereinafter provided, it is unlawful in any business establishment to sell, dispense, permit to be sold or offer for sale any tobacco and electronic cigarette product by means other than vendor-assisted sales. This prohibition shall specifically preclude the selling, offering for sale, dispensing and display of tobacco and electronic cigarette products by self-service displays. Notwithstanding the foregoing, this prohibition shall not apply to retail tobacco and electronic cigarette stores and to places where no person under the age of 18 is ever permitted.

(Ord. 14-807, § 4)

Persons found in violation of this chapter shall be guilty of an infraction and subject to the penalties provided in Section 1-2.01(b).

(Ord. 14-807, § 4)