Laserfiche WebLink
include any cessation product specifically approved by the United States Food and Drug <br />Administration for use in treating nicotine or tobacco dependence. <br /> “Tobacco retailer” means any person who sells, offers for sale, or does or offers to <br />exchange for any form of consideration, electronic cigarettes, electronic cigarette products, electronic cigarette paraphernalia, tobacco products or tobacco paraphernalia. “Tobacco retailing” shall mean the doing of any of these things. This definition is without regard to the quantity of electronic cigarettes, electronic cigarette products, electronic cigarette paraphernalia, tobacco products or tobacco paraphernalia sold, offered for sale, exchanged, or offered for <br />exchange. <br /> “Tobacco retailer’s license” means the license issued pursuant to Section 4-36-300 that <br />authorizes electronic-cigarette or tobacco retailing at a certain location and by a certain tobacco <br />retailer. <br /> <br />4-36-150 REQUIREMENTS AND PROHIBITIONS. <br /> (a) Tobacco Retailer’s License Required. It is unlawful for any person to act as a <br />tobacco retailer in the City without first obtaining and maintaining a valid tobacco retailer’s <br />license pursuant to this Chapter for each location at which that activity is to occur. Tobacco <br />retailing without a valid tobacco retailer’s license is a nuisance as a matter of law. <br /> (b) Lawful Business Operation. In the course of tobacco retailing or in the operation <br />of the business or maintenance of the location for which a license is issued, it shall be a violation of this Chapter for a licensee, or any of the licensee’s agents or employees, to violate any local, State, or Federal law applicable to electronic cigarettes, electronic cigarette products, electronic cigarette paraphernalia, tobacco products, tobacco paraphernalia, or tobacco retailing. (c) Display of License. Each tobacco retailer’s license shall be prominently displayed <br />in a publicly visible location at the licensed location. <br /> (d) Positive Identification Required. No person engaged in tobacco retailing shall sell <br />or transfer an electronic cigarette, electronic cigarette product, electronic cigarette paraphernalia, <br />tobacco product or tobacco paraphernalia to another person who appears to be under the age of <br />twenty-seven years without first examining the identification of the recipient to confirm that the <br />recipient is at least the minimum age under State law to purchase and possess the electronic <br />cigarette, electronic cigarette product, electronic cigarette paraphernalia, tobacco product or <br />tobacco paraphernalia. <br /> (e) Minimum Age for Persons Selling Tobacco. No person who is younger than 18 <br />years of age shall engage in tobacco retailing. <br /> (f) Self-Service Displays Prohibited. Tobacco retailing by means of a self-service <br />display is prohibited. (g) False and Misleading Advertising Prohibited. A tobacco retailer or proprietor without a valid tobacco retailer’s license, including, for example, a person whose license has been revoked: (1) Shall keep all electronic cigarettes, electronic cigarette products, electronic <br />cigarette paraphernalia, tobacco products and tobacco paraphernalia out of public view. The <br />public display of electronic cigarettes, electronic cigarette products, electronic cigarette <br />paraphernalia, tobacco products or tobacco paraphernalia in violation of this provision shall <br />constitute tobacco retailing without a license; and <br /> (2) Shall not display any advertisement relating to electronic cigarettes, electronic <br />cigarette products, electronic cigarette paraphernalia, tobacco products or tobacco paraphernalia