Section 11-311 Sales of tobacco products to minors.

    (a) Definitions. For the purposes of this section, the following terms shall have the meanings designated:

    (1)     Tobacco products shall mean any substance containing tobacco leaf, including, but not limited to, cigars, cigarettes, pipe tobacco and smokeless tobacco. "Smokeless tobacco" means any tobacco products that are suitable for dipping or chewing, such as snuff, chewing tobacco or dipping tobacco.

    (2)     Tobacco product paraphernalia shall include, but not be limited to, cigarette wrapping papers and pipes made for smoking tobacco products.

    (3)     Minor shall mean any person under the age of eighteen (18) years.

    (4)     Vending machine shall mean any mechanical, electric or electronic, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products.

    (b) Prohibitions. It shall be unlawful for any person to sell tobacco products or tobacco product paraphernalia to a minor.

    (c) Warning signs. Warning signs concerning sales of tobacco products to minors shall be plainly visible at every display from which tobacco products are sold. Such signs shall:

    (1)    Contain in red lettering at least one-half inch high on a white background "IT IS A VIOLATION OF THE LAW FOR TOBACCO PRODUCTS OR TOBACCO PRODUCT PARAPHERNALIA TO BE SOLD TO ANY PERSON UNDER THE AGE OF 18, " and

    (2)    Include a depiction of a pack of cigarettes at least two (2) inches high defaced by a red diagonal diameter of a surrounding red circle.

    (d) Vending machines; exceptions: Effective January 1, 1992, it shall be unlawful to sell tobacco products through vending machines except:

    (1)    In factories, businesses, offices or other places not open to the general public, and

    (2)    In places to which persons under the age of eighteen (18) are not permitted access.

    (e) Signs on vending machines. It shall be unlawful to offer tobacco products for sale through a vending machine unless the vending machine contains thereon the warning signs referred to in paragraph (c) and the owner of the vending machine or person leasing the machine does not knowingly permit the sale of tobacco products to minors.

    (f) Violations. Any person found guilty of violating the provisions of this section shall be deemed guilty of an infraction. The penalty for violation of the provisions of this section shall be:

    (1)    A fine of one hundred dollars ($100.00) for the first violation within a two-year period.

    (2)    A fine of two hundred fifty dollars ($250.00) for the second violation within a two-year period.

    (3)    A fine of five hundred dollars ($500.00) for the third violation within a two-year period.

    (4)    A fine of one thousand dollars ($1,000.00) for any additional violation within a two-year period.

(Ord. No. 12763, § 1, 10-22-90)