Chapter 445-6 — TOBACCO SALES

Editor's note— Ord. No. 2017-01, § III, adopted July 18, 2017, amended the title of Ch. 445-6 to read as set out herein. Previously Ch. 445-6 was titled "Tobacco Products."

(a)

It is unlawful for any person or tobacco retailer to sell, permit to be sold, offer for sale, or display for sale any tobacco product or tobacco paraphernalia by means of self-service display, vending machine, rack, counter-top or shelf that allows self-service sales for any tobacco product or tobacco paraphernalia.

(b)

All tobacco products and tobacco paraphernalia shall be offered for sale exclusively by means of vendor or employee assistance. Tobacco products and tobacco paraphernalia shall be kept in a locked case that requires employee assistance to retrieve the tobacco products or tobacco paraphernalia.

(Ords. 2006-66 § 6, 98-43 § 2).

It is unlawful for any person, agent, or employee of a person in the business of selling or distributing cigarettes or other tobacco or smoking products to distribute, or direct, authorize, or permit any agent or

employee to distribute, any of the following to any person on any public street or sidewalk or in any public park or playground or on any other public ground or in any public building:

(a)

Any tobacco product;

(b)

Coupons, certificates, or other written material that may be redeemed for tobacco products without charge.

(Ords. 2006-66 § 6, 91-44 § 2)

No tobacco retailer may sell, offer for sale, or exchange or offer to exchange for any form of consideration, to a consumer any flavored tobacco product or menthol cigarette.

(Ord. No. 2019-34, § VI, 11-19-19; Ord. No. 2017-01, § IV, 7-18-17)

No tobacco retailer may sell any tobacco product to any consumer unless that product is sold in the original manufacturer's packaging intended for sale to consumers and conforms to all applicable federal labeling requirements.

(Ord. No. 2017-01, § V, 7-18-17)

No tobacco retailer may sell to a consumer any of the following:

(a)

Any little cigar unless it is sold in a package of at least ten little cigars.

(b)

Any cigar unless it is sold in a package of at least ten cigars. This subsection does not apply to a cigar that has a price of at least five dollars per cigar, including all applicable taxes and fees.

(Ord. No. 2017-01, § VI, 7-18-17)

No tobacco retailer may sell or transfer a tobacco product or tobacco paraphernalia to a person who reasonably appears to be under the age of twenty-seven years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase the tobacco product or tobacco paraphernalia.

(Ord. No. 2017-01, § VII, 7-18-17)

No tobacco retailer may sell, offer for sale, or exchange or offer to exchange for any form of consideration, to a consumer any electronic smoking device or e-liquid where the electronic smoking device or e-liquid:

(a)

Is a new tobacco product as defined in Section 387j(a)(l) of Title 21 of the U.S. Code;

(b)

Requires premarket review under Section 387j of Title 21 of the U.S. Code; and

(c)

Does not have a premarket review order issued under Section 387j(c)(l)(A)(i) of Title 21 of the U.S. Code.

(Ord. No. 2019-34, § III, 11-19-19)