2012.03.05 ORD 2012-463 - Laserfiche WebLink

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Ordinance 2012-463 Tobacco premises to attempt to purchase tobacco, tobacco products, tobacco -related devices, or nicotine or lobelia delivery devices Minors used for the purpose of compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, tobacco -related devices, or nicotine or lobelia delivery devices when such items are obtained as a part of the compliance check. Retail establishments possessing a class A license shall be subject to at least two compliance checks per year. (Prior Code, § 275-100) Sec. 38-50. - Prohibited sales. It shall be a violation of this article for any person to sell or offer to sell any tobacco, tobacco product, tobacco -related device, or nicotine or lobelia delivery devices: (1) To any person under the age of 18 years. (2) By means of any type of vending machine. This subsection does not apply to vending machines in facilities that cannot be entered at any time by persons younger than 18 years of age. (3) As a single package of cigarettes or smokeless tobacco in open displays that are accessible to the public without the intervention of a store employee. (4) By means of "loosies" as defined in section 38-45 (5) Containing opium, morphine, jimson weed, belladonna, strychnos, cocaine, marijuana, or other type of a deleterious, hallucinogenic, or toxic or controlled substance, except nicotine, and not naturally found in tobacco or tobacco products. (6) By any other means or to any other person, prohibited by federal, state or other local law, ordinance provision, or other regulation. (Prior Code, § 275-060) Sec. 38-51 - Storage of Products All tobacco, tobacco products, tobacco -related devices, and nicotine or lobelia delivery devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Sec. 38-52. - Other illegal acts. Unless otherwise provided, the following acts shall be a violation of this article: (1) Illegal possession. It shall be a violation of this article for any minor to have in his or her possession any tobacco, tobacco product, tobacco -related device, or nicotine or lobelia delivery devices. This subsection (1) shall not apply to minors lawfully involved in a compliance check on behalf of the city.