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<br /> Created: 2021‐07‐21 11:43:46 [EST]
<br />(Supp. No. 28)
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<br />Page 2 of 6
<br />Retail establishment means any place of business where tobacco, tobacco products, tobacco‐related devices,
<br />or nicotine or lobelia delivery devices are available for sale to the general public. Retail establishments shall
<br />include, but not be limited to, grocery stores, convenience stores, restaurants and bars.
<br />Sale means any transfer of goods for money, trade, barter or other consideration.
<br />Self‐service merchandising means open displays of tobacco, tobacco products tobacco‐related devices, or
<br />nicotine or lobelia delivery devices in any way where any person shall have access to the product without the
<br />assistance or intervention of an employee of the premises maintaining the self‐service merchandising. Self‐service
<br />merchandising shall not include vending machines.
<br />Tobacco or tobacco‐related products means cigarettes; cigars; cheroots; stogies; perique; granulated, plug
<br />cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine
<br />cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other
<br />kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or other
<br />tobacco‐related devices.
<br />Tobacco‐related devices means any tobacco product as well as a pipe, rolling papers, or other device used in
<br />a manner which enables the chewing, sniffing or smoking of tobacco or tobacco products.
<br />Vending machine means any mechanical, electric or electronic, or other type of device which dispenses
<br />tobacco, tobacco products, tobacco‐related devices, or nicotine or lobelia delivery devices upon the insertion of
<br />money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco,
<br />tobacco product tobacco‐related device, or nicotine or lobelia delivery devices.
<br />(Ord. No. 2012‐463, § 1, 3‐5‐2012)
<br />Sec. 38‐46. Exceptions and defenses.
<br />Nothing in this article shall prevent the providing of tobacco, tobacco products, or tobacco‐related devices to
<br />a minor person under the age of 21 as part of a lawfully recognized religious, spiritual or cultural ceremony. It shall
<br />be an affirmative defense to the violation of this article for a person to have reasonably relied on proof of age as
<br />described by state law.
<br />(Ord. No. 2012‐463, § 1, 3‐5‐2012)
<br />Sec. 38‐47. Violations and penalties.
<br />(a) Criminal penalty. Any person, firm or corporation violating any of the provisions of this article shall be guilty
<br />of a misdemeanor unless otherwise noted.
<br />(b) Civil penalty. The provisions of chapter 42, article II, shall apply to any and all licenses issued hereunder. If a
<br />licensee or employee of a licensee sells, gives, or otherwise furnishes tobacco, tobacco‐related devices,
<br />electronic delivery devices, or nicotine or lobelia delivery products to a person under the age of 21 years, or
<br />violates any other provision of this article, the licensee shall be charged a civil penalty. If a retail
<br />establishment has its tobacco license suspended pursuant to a hearing conducted under the provisions of
<br />chapter 42, article II, that retail establishment shall, during the period of suspension, remove all tobacco,
<br />tobacco products and tobacco‐related devices, and nicotine or lobelia delivery devices away from public
<br />view.
<br />(c) Schedule of offenses and penalties. Penalties pursuant to state statutes. Civil penalties shall be in the amount
<br />set forth in the fee schedule. This amount shall be calculated as against all offenses occurring within a 2436‐
<br />consecutive month period from the date of the most recent violation. Any violation having occurred beyond
<br />24 36 consecutive months prior to the most recent violation shall not be counted in terms of imposing the
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