*Prior history: Prior code Sections 120.001, 120.005, 120.010 and 120.015 as amended by Ord. 993, passed 2-17-87.

The mayor and the city council expressly find and declare that:
(A) Tobacco use is dangerous to human health.
(B) There exists substantial scientific evidence that the use of tobacco products causes cancer, heart disease, and various other medical disorders.
(C) The Surgeon General of the United States has declared that nicotine addiction from tobacco is similar to addiction to cocaine, and is the most widespread example of drug dependence in the country.
(D) The Director of the National Institute on Drug Abuse concluded that the majority of the 320,000 Americans who die each year from cigarette smoking became addicted to nicotine as adolescents before the age of legal consent.
(E) The National Institute on Drug Abuse found that cigarette smoking precedes and may be predictive of adolescent illicit drug use.
(F) The present legislative scheme of prohibiting sales of tobacco products to persons under the age of 18 has proven ineffective in preventing such persons from using tobacco products.
(G) The enactment of this chapter directly pertains to and is in furtherance of the health, welfare, and safety of the residents under 18 years of age. (Ord. 1228, passed 5-21-96)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them:
“Tobacco products.” Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.
“Vending machines.” Any mechanical, electric, or electronic self-service device which, upon insertion of money, tokens, or any other form of payment, dispenses tobacco products. (Ord. 1228, passed 5-21-96)

It shall be unlawful to sell or offer for sale, at retail, to give away, deliver or to keep with the intention of selling at retail, giving away or delivering tobacco products within the city without having first obtained a tobacco dealer’s license therefor pursuant to this chapter. Such license shall be in addition to any other license required by this code. (Ord. 1228, passed 5-21-96)

Application for a license hereunder shall be made, in writing, to the city clerk, who shall upon performance of all conditions prerequisite to the issuance of the license, issue the same at the direction of the mayor signed, sealed, and attested to. The license fee for cigarettes, cigars, and other tobacco product dealers shall be $50 per year. (Ord. 1228, passed 5-21-96)

It shall be unlawful for any person to sell, offer for sale, give away or deliver tobacco products within 100 feet of any school, child care facility or other building used for education or recreational programs for persons under the age of 18 years. (Ord. 1228, passed 5-21-96)

(A) Sales to minors. For any person, including any licensee, to sell, offer for sale, give away or deliver tobacco products to any person under the age of 18 years.
Signs informing the public of the age restrictions provided for herein shall be posted by every licensee at or near every display of tobacco products and on or upon every vending machine which offers tobacco products for sale. Each such sign shall be plainly visible and shall state:

THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS IS PROHIBITED BY LAW

The text of such signs shall be in red letters on a white background; said letters to be at least one inch high.
(B) Sales by minors. For any licensee or any officer, associate, member, representative, agent, or employee of such licensee, to engage, employ or permit any person under 18 years of age to sell tobacco products in any licensed premises.
(C) Purchase. For any person under the age of 18 years to purchase tobacco products or to misrepresent his identity or age or to use any false or altered identification for the purpose of purchasing tobacco products.
(D) Possession. For any person under the age of 18 years to possess any tobacco products; provided, that the possession by a person under the age of 18 years under the direct supervision of the parent or legal guardian of such person in the privacy of the parent’s or guardian’s residence shall not be prohibited.
(E) Exception. The prohibitions contained in subsections (C) and (D) of this section shall not apply to persons under the age of 18 years participating in a law enforcement operation and under the supervision of a law enforcement official. (Ord. 1228, passed 5-21-96; Am. Ord. 1334, passed 8-15-00)

It shall be unlawful for any licensee or any person in the business of selling or otherwise distributing, promoting or advertising tobacco products, or any employee or agent of any such licensee or person, in the course of such licensee’s or person’s business, to distribute, give away or deliver tobacco products free of charge to any person on any right-of-way, park, playground or other property owned by the city, any school district, any park district, or any public library. (Ord. 1228, passed 5-21-96)

It shall be unlawful for any licensee to sell or offer for sale, give away, deliver or to keep with the intention of selling, giving away, or delivering tobacco products by use of a vending machine unless such vending machine is equipped with a manual, electric, or electronic locking device controlled by the licensee so as to prevent its operation by persons under the age of 18 years.
Any premises where access by persons under the age of 18 years is prohibited by law or premises where the public is generally not permitted and where vending machines are strictly for the use of employees of the business located at premises shall be exempt from the requirements of this section. (Ord. 1228, passed 5-21-96)

(A) Administration. The mayor shall be charged with the administration of this chapter as it pertains to licenses. Otherwise, the chief of police shall be charged with the administration of this chapter.
(B) Suspension or revocation of license. The mayor may suspend or revoke any license issued under the provisions of this chapter, if he determines that the licensee has violated any of the provisions hereof.
(C) Fine in addition to or in lieu of suspension or revocation. In addition to or in lieu of suspension or revocation of a license, the licensee may be fined not less than $25 nor more that $500 for each offense. Nonlicensees who violate this chapter may be fined not less than $25 nor more than $500 for each offense. They may also be subject to other court-ordered sanctions.
(D) Hearing; decisions; fee.
(1) Notice of hearing. No such license shall be suspended or revoked except after a public hearing by the mayor with a seven-day written notice to the licensee affording the licensee an opportunity to appear and defend against the charges contained in such notice. The seven-day notice provisions shall begin the day following delivery by certified mail or by personal service.
(2) Mayor’s decision. The mayor shall, within seven days after such hearing, if he determines after such hearing that the license should be revoked or suspended, state the reason for such determination in a written order, and the period of the suspension or that the license has been revoked and serve a copy of such order within seven days upon the licensee.
(3) Fees. Any licensee determined by the mayor to have violated any of the provisions of this chapter shall pay to the city the costs of the hearing before the mayor on such violation. The mayor shall determine the costs incurred by the city for said hearing, including, but not limited to, court reporter’s fees, the cost of transcripts or records, reasonable attorneys’ fees, the cost of preparing and mailing notices and orders and all other miscellaneous expenses incurred by the city or such lesser sum as the mayor may allow. The licensee shall pay said costs to the city within 30 days of notification of the costs by the mayor. Failure to pay said costs within 30 days of notification is a violation of this chapter and may be cause for license suspension or revocation.
(E) Use of premises after license revocation. When any license shall have been revoked for any cause, no license shall be granted to said licensee for the period of six months thereafter for the conduct of the business of selling tobacco products, as defined in Section 120.02 of this chapter in the premises described in such revoked license.
(F) Responsibility of licensees for agents and employees. Every act or omission of whatsoever nature constituting a violation of any of the provisions of this chapter by any officer, director, manager, or other agent or employee of any licensee shall be deemed and held to be the act of such licensee and such licensee shall be punishable in the same manner as if such act or omission had been done or omitted by the licensee personally. (Ord. 1228, passed 5-21-96)