Chapter 8.18
REGULATION OF THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS

Sections:

8.18.010    Posting of signs.

8.18.020    Sales to minors.

8.18.030    Self-service sales of tobacco.

8.18.040    Out of package sales.

8.18.050    Violation – Penalty.

8.18.010 Posting of signs.

Any person, business, tobacco retailer, or other establishment subject to this chapter shall post plainly visible signs at the point of purchase of tobacco products which state:

SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW, PHOTO I.D. REQUIRED.

The letters of said signs must be at least one-half inch high. (Ord. 1325 § 1 (part), 1997)

8.18.020 Sales to minors.

No person, business, tobacco retailer, or owner, manager, or operator of any establishment subject to this chapter shall sell, offer to sell or permit to be sold any tobacco product to an individual without requesting and examining identification establishing the purchaser’s age as eighteen years or greater unless the seller has some reasonable basis for determining that the buyer is at least eighteen years of age. (Ord. 1325 § 1 (part), 1997)

8.18.030 Self-service sales of tobacco.

A. Sales of Tobacco Products by the Pack. It shall be unlawful for any person, business, or tobacco retailer within the city to sell, offer for sale, or display for sale any tobacco product by means of a self-service display. All tobacco products (other than cartons of cigarettes, multicontainer packages of smokeless tobacco and cigars and pipe tobacco displayed for sale pursuant to subsection B of this section) shall be offered for sale exclusively by means of vendor/employee assistance.

B. Sales of Cartons, Cigars, and Pipe Tobacco. Cartons of cigarettes, multicontainer packages of smokeless tobacco and cigars and pipe tobacco may be sold by means of self-service merchandising displays only when such product displays are under the direct observation of a vendor/employee. Tobacco products shall be deemed to be under direct observation of a vendor/employee only if the tobacco products themselves (and not merely the racks, shelves, kiosks, etc., where the products are displayed) are in the plain and direct view of a store employee at all times. (Ord. 1325 § 1 (part), 1997)

8.18.040 Out of package sales.

No person, business, tobacco retailer or other establishment shall sell or offer for sale cigarettes or other tobacco or smoking products not in the original packaging provided by the manufacturer and with all required health warnings. (Ord. 1325 § 1 (part), 1997)

8.18.050 Violation – Penalty.

Any person, business owner, or proprietor, or employee of any business or establishment subject to the requirements of this chapter who violates any mandatory provision of this chapter shall be guilty of an infraction, and is subject to punishment as provided for in Chapter 1.12 of this code. (Ord. 1325 § 1 (part), 1997)