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Ord 2017-017
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Ord 2017-017
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10/19/2017 10:13:53 AM
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10/19/2017 10:13:42 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
10/16/2017
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PERM
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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, <br /> electronic cigarette paraphernalia, tobacco products or tobacco paraphernalia. "Tobacco <br /> retailing" shall mean the doing of any of these things. This definition is without regard to the <br /> quantity of electronic cigarettes, electronic cigarette products, electronic cigarette paraphernalia, <br /> 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 /> 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 <br /> of this Chapter for a licensee, or any of the licensee's agents or employees, to violate any local, <br /> State, or Federal law applicable to electronic cigarettes, electronic cigarette products, electronic <br /> cigarette paraphernalia, tobacco products, tobacco paraphernalia, or tobacco retailing. <br /> (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. <br /> (g) False and Misleading Advertising Prohibited. A tobacco retailer or proprietor <br /> without a valid tobacco retailer's license, including, for example, a person whose license has <br /> been revoked: <br /> (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 <br />
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