CHAPTER 138:
Regulation of Tobacco and Tobacco Use

Section

138.01 – 138.12    Reserved

138.13    Prohibition on sale of tobacco to minors; vending machines; lunch wagons

138.01 – 138.12 RESERVED.

138.13 PROHIBITION ON SALE OF TOBACCO TO MINORS; VENDING MACHINES; LUNCH WAGONS.

(A) No person under 21 years of age shall buy or possess any tobacco products, electronic cigarettes or alternative nicotine products, as these items are defined by state statute.

(B) No person shall sell, buy for, distribute samples of or furnish any tobacco products, electronic cigarettes or alternative nicotine products, as defined by state statute, to any person under 21 years of age.

(C) No person under 21 years of age may possess or sell any tobacco products, electronic cigarettes or alternative nicotine products, as defined by state statute, at a retail establishment selling tobacco products.

(D) No owner of any retail establishment selling tobacco products shall allow any minor under 16 years of age to sell any tobacco products, electronic cigarettes or alternative nicotine products, as defined by state statute, at a retail establishment selling tobacco products, electronic cigarettes or alternative nicotine products.

(E) Tobacco products, electronic cigarettes or alternative nicotine products, as defined by state statute, may not be sold through a vending machine at any location other than a place to which persons under 21 years of age are not permitted access at any time or a place where alcoholic beverages are sold and consumed on the premises and vending machine operation is under the direct supervision of the owner or manager.

(F) The sale or distribution at no charge of tobacco products, electronic cigarettes or alternative nicotine products, as defined by state statute, from a lunch wagon engaging in any sales activity within 1,000 feet of any public or private elementary or secondary school grounds is prohibited. For the purpose of this section, LUNCH WAGON means a mobile vehicle designed and constructed to transport food and from which food is sold to the general public.

(Ord. 2008-13, passed 12-9-08; Am. Ord. 2019-5, passed 5-14-19)