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11-28-2022 City Council Packet
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11-28-2022 City Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
11/28/2022
Council Meeting Type
Regular
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identification misrepresenting the person's age, and all persons lawfully engaged in a compliance <br />check shall answer all questions about the person's age asked by the licensee or his or her <br />employee and shall produce any identification, if any exists, for which he or she is asked. <br />Nothing in this Section shall prohibit compliance checks authorized by State or Federal laws for <br />educational, research, training purposes or required for enforcement of a particular State or <br />Federal law. <br />602.11 OTHER ILLEGAL ACTS. <br />Unless otherwise provided, the following acts shall be a violation of this chapter. <br />(1)Illegal sales. It shall be a violation of this chapter for any person to sell or otherwise <br />provide any tobacco, tobacco product or tobacco related device to any minor person under the <br />age of 21 years. <br />(2)Illegal possession. It shall be a violation of this chapter for any minor person under <br />the age of 21 years to have in his or her possession any tobacco, tobacco product or tobacco <br />related device. This division shall not apply to minor a person under the age of 21 years lawfully <br />involved in a compliance check. <br />(3)Illegal use. It shall be a violation of this chapter for any minor person under the age <br />of 21 years to smoke, chew, sniff or otherwise use any tobacco, tobacco product or tobacco <br />related device. <br />(4)Illegal procurement. It shall be a violation of this chapter for any minor person <br />under the age of 21 years to purchase or attempt to purchase or otherwise obtain any tobacco, <br />tobacco product or tobacco related device, and it shall be a violation of this chapter for any <br />person to purchase or otherwise obtain these items on behalf of a minor person under the age of <br />21 years. It shall further be a violation for any person to coerce or attempt to coerce a minor <br />person under the age of 21 years to illegally purchase or otherwise obtain or use any tobacco, <br />tobacco product or tobacco related device. This division shall not apply to minor a person under <br />the age of 21 years lawfully involved in a compliance check. <br />(5)Use of false identification. It shall be a violation of this chapter for any minor person <br />under the age of 21 years to attempt to disguise his or her true age by use of a false form of <br />identification, whether the identification is that of another person or one on which the age of the <br />person has been modified or tampered with to represent an age older than the actual age of the <br />person. <br />602.12 EXCEPTIONS AND DEFENSES. <br />Nothing in this chapter shall prevent the providing of tobacco, tobacco products or <br />tobacco related devices to a minor person under the age of 21 years as part of a lawfully <br />recognized religious, spiritual or cultural ceremony. It shall be an affirmative defense to the <br />violation of this chapter for a person to have reasonably relied on proof of age as described by <br />state law. <br />602.13 VIOLATIONS.
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