2019-080 Ordinance - Laserfiche WebLink

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EXHIBIT A [Current Version] Sale of Cigarettes and Tobacco Products to Minors 557.01 Definitions. 557.02 Illegal distribution of or permitting children to use cigarettes, electronic cigarettes, or other tobacco or alternate nicotine products. 557.03 Reserved. 557.04 Responsibility of owner, lessee, agent or employee. 557.05 Immunity of license holder, agent or employee. 557.06 Possession, use, purchase or receiving electronic cigarettes, cigarettes or other tobacco or alternative nicotine products prohibited by minors. 557.99 Penalty. 557.01 DEFINITIONS. (a) As used in this Chapter: (1) "Age verification" means a service provided by an independent third party (other than a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes) that compares information available from a commercially available database, or aggregate of databases, that regularly are used by government and businesses for the purpose of age and identity verification to personal information provided during an internet sale or other remote method of sale to establish that the purchaser is eighteen years of age or older. (2) "Alternative nicotine product" means, subject to subsection (a)(2)A. of this section, an electronic cigarette or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling. A. "Alternative nicotine product" does not include any of the following: (i) Any cigarette or other tobacco product; (ii) Any product that is a "drug" as that term is defined in 21 U.S.C. 321(g)(1); (iii) Any product that is a "device" as that term is defined in 21 U.S.C. 321(h); (iv) Any product that is a "combination product" as described in 21 U.S.C. 353(g). (3) "Child" means a person who is under eighteen (18) years of age.