2018-115 Ordinance - Laserfiche WebLink

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(4) Manufacture, sell, or distribute in this City any pack or other container of cigarettes containing fewer than twenty cigarettes or any package of roll -your -own tobacco containing less than six -tenths of one ounce of tobacco; (5) Sell cigarettes or alternative nicotine products in a smaller quantity than that placed in the pack or other container by the manufacturer; (6) Give, sell, or otherwise distribute alternative nicotine products, papers used to roll cigarettes, or tobacco products other than cigarettes over the internet or through another remote method without age verification; (7) Give, sell, or otherwise distribute electronic cigarettes, or any component necessary for the function thereof (except power supplies / batteries) to any person without first requesting and receiving proof of age. (B) No person shall sell or offer to sell cigarettes, electronic cigarettes, other tobacco products, or alternative nicotine products by or from a vending machine, except in the following locations: (1) An area within a factory, business, office, or other place not open to the general public; (2) An area to which children are not generally permitted access; (3) Any other place not identified in division (B) (1) or (2) of this section, upon all of the following conditions: (a) The vending machine is located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person, so that all cigarettes, other tobacco product, and alternative nicotine product purchases from the vending machine will be readily observed by the person who owns or operates the place or an employee of that person. For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway, or outer waiting area, shall not be considered located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person. (b) The vending machine is inaccessible to the public when the facility is closed. (C) The following are affirmative defenses to a charge under division (A)(1) of this section: (1) The child was accompanied by a parent, spouse who is eighteen years of age or older, or legal guardian of the child. (2) The person who gave, sold, or distributed cigarettes, electronic cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a child under division (13)(1) of this section is a parent, spouse who is eighteen years of age or older, or legal guardian of the child. (D) It is not a violation of division (A)(1) or (2) of this section for a person to give or otherwise distribute to a child cigarettes, electronic cigarettes other tobacco products, alternative nicotine products, or papers used to roll cigarettes while the child is participating in a research protocol if all of the following apply: