§ 50-13. Possession of cigarettes or tobacco related products by minors.

(a)

As used in this section, the term "tobacco-related object" shall mean any papers, wrappers, or other products, devices, or substances which are used for the purpose of making cigarettes or tobacco products in any form whatsoever.

(b)

It shall be unlawful for any minor to be in possession of cigarettes, tobacco, or tobacco-related objects.

(c)

A minor who commits an offense provided for in paragraph (b) of this section may be punished as follows:

(1)

By requiring the performance of community service not exceeding 20 hours;

(2)

By requiring attendance at a publicly or privately sponsored lecture or discussion on the health hazards of smoking or tobacco use, provided such lecture or discussion is offered without charge to the minor; or

(3)

By a combination of the punishments described in subparagraphs (1) and (2) of this paragraph;

(4)

A minor who commits a second offense provided for in paragraph (b) of this section may be punished as follows:

a.

By any combination of the punishment described in sub-paragraphs (1), (2), (3) of this section; and

b.

Pay a fine not to exceed $50.00/or as determined by Juvenile Court.

(d)

It shall be unlawful for any person, business or other establishment selling tobacco-related objects, cigarettes, or tobacco to display, exhibit or expose said products for sale in any manner accessible to the public. All such products shall be placed behind a counter or other division so as to not be accessible to the public.

(e)

Not withstanding subparagraph (d) above, nothing in this section shall prevent a specialty store exclusively selling tobacco and tobacco related products from displaying their merchandise to the public so long as there is a sales person solely dedicated to such sales on duty to prevent sales to minors.

(f)

It shall be unlawful for any person, business or other establishment to possess, display, or otherwise have on their property, any type of cigarette vending machine or vending machines in which cigarettes or tobacco-related products are available for sale.

(g)

Any business or other establishment violating this ordinance may be punished as follows:

(1)

Pay a fine of no less that $250.00 and no more that $1000.00;

(2)

By loss of their business license; or

(3)

A combination of sub-paragraphs (1) and (2) of this paragraph.

(Ord. No. 99-08, § 1, 7-22-99; Ord. No. 99-10, § 1, 10-25-99)

Editor's note

Ord. No. 99-08 amended the Code by adding § 50-13.1. In order to maintain Code numbering style, the editor has redesignated the section as § 15-13.