§ 23. POSSESSION OF TOBACCO PRODUCTS BY MINORS

A.

DEFINITIONS

The following words, terms and phrases when used in this section shall have the meanings ascribed to them in this subsection, unless the context of their usage clearly indicates another meaning.

Minor means a person under eighteen (18) years of age.

Tobacco product means any substance containing tobacco leaf, including, but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.

B.

OFFENSE

(1)

It is unlawful for a minor to possess a tobacco product.

(a)

It is a defense to prosecution under this section, that the minor possessed a tobacco product:

(i)

as an employee on the premises of a person holding a state permit to engage in the business as a distributor, wholesaler, bonded agent, or retailer of tobacco products, for the purpose of carrying out the business of the permittee; or

(ii)

while in the presence of an adult parent, guardian, or spouse, or other adult to who he has been committed by a court.

(2)

It is unlawful for a minor to purchase a tobacco product.

(3)

It is unlawful for a minor to falsely state that he or she is eighteen (18) years of age or older or to present any document that indicates that he or she is eighteen (18) years of age or older to a person engaged in the selling of tobacco products.

C.

ENFORCEMENT

The chief of police is encouraged to develop alternate enforcement strategies, which may include but not limited to counseling with minors and their parents or guardians, the issuance of citations (formal and/or warnings) to minors.

D.

PENALTY

Any person violating this section shall be guilty of a misdemeanor which shall be punishable by a fine of not more than five hundred dollars ($500.00) for each offense.

(Ordinance No. 12-94 of October 13, 1994)