Chapter 8.30
CIGARETTES, TOBACCO PRODUCTS AND NICOTINE PRODUCTS

Sections:

8.30.010    Definitions.

8.30.020    Restrictions on the sale and furnishing of nicotine products.

8.30.030    Conditions on tobacco businesses.

8.30.040    Penalty.

8.30.010 Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter:

“Cigarette, tobacco product, or nicotine product” means any product that contains nicotine or tobacco or is derived from tobacco and is intended to be ingested or inhaled by or applied to the skin of an individual or any device that can be used to deliver tobacco or nicotine to the person inhaling from the device, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, snus, dissolvable tobacco products, nicotine-enhanced candies, mints, hand gels, and beverages, and electronic cigarette cartridges; provided, however, that such term does not include any product that has been approved by the U.S. Food and Drug Administration pursuant to its authority over drugs. The term “nicotine product” does not include any product that contains marijuana.

“Minor” means any natural person younger than the minimum age established by the laws of Colorado for the purchase of nicotine products.

“Tobacco business” means a sole proprietorship, corporation, partnership, or other enterprise engaged primarily in the sale, manufacture, or promotion of nicotine products, or smoking devices or accessories, either at wholesale or retail, and in which the sale, manufacture, or promotion of other products is merely incidental. [Ord. 826 § 1, 2014].

8.30.020 Restrictions on the sale and furnishing of nicotine products.

The following conditions shall apply to any person that distributes, gives, sells, or offers for sale any tobacco product to consumers within the town of Granby:

(a) Furnishing of Cigarettes, Tobacco Products or Nicotine Products to Minors Prohibited. No person shall give, sell, distribute, or offer for sale a cigarette, tobacco product or nicotine product to any minor. It shall be an affirmative defense to a prosecution under this subsection that the person furnishing the product was presented with and reasonably relied upon a document that identified the individual receiving the product as being older than the minimum age established by state law to purchase a cigarette, tobacco product or nicotine product.

(b) Positive Identification Required. No person engaged in the retail sale of cigarettes, tobacco products or nicotine products shall furnish such product to another person who appears to be under the age of 30 years without first examining the identification of the recipient to confirm that the recipient is not a minor.

(c) Minimum Age for Handling Nicotine Products. No retailer shall permit a minor employed at a retail location to sell, stock, retrieve, or otherwise handle cigarette, tobacco products or nicotine products as part of the minor’s employment duties.

(d) Prohibition of Self-Service Displays. Retailers shall stock and display cigarettes, tobacco products or nicotine products in a manner so as to make all such products inaccessible to customers without the assistance of a retail clerk, thereby requiring a direct face-to-face exchange of the product from an employee of the business to the customer. This condition shall not apply to tobacco businesses.

(e) Prohibition of Giveaways. No retailer shall distribute cigarettes, tobacco products or nicotine products without charge to a consumer. [Ord. 826 § 1, 2014].

8.30.030 Conditions on tobacco businesses.

(a) Restriction Against Minors Entering a Tobacco Business. No minor shall be admitted or permitted to remain on the premises of a tobacco business unless such person is accompanied by his or her parent or guardian.

(b) Signage Requirement. For all tobacco businesses a sign shall be placed at a conspicuous location at each entrance at least four inches by six inches in size stating, “MINORS NOT PERMITTED ENTRY WITHOUT PARENT OR GUARDIAN.” [Ord. 826 § 1, 2014].

8.30.040 Penalty.

Any person found in violation of this chapter shall be subject to a fine not exceeding the maximum penalty set forth in GMC 1.05.090. [Ord. 826 § 1, 2014].