Chapter 9.24
DISTRIBUTION OF TOBACCO PRODUCTS TO MINORS
Sections:
9.24.070 Distribution of tobacco products to minors prohibited.
9.24.080 Distribution of tobacco products to minors prohibited – Premises managers.
9.24.100 Defense – Evidence of majority.
9.24.110 Purchase of tobacco products by minors prohibited.
9.24.120 Posting of signs required.
9.24.010 Purposes.
The protection of the public welfare requires that potential access by minors to all forms of tobacco products be strictly regulated.
Harvard University and the National Institute on Drug Abuse have reported that the nicotine in tobacco is a powerful, habit-forming drug that leads to compulsive use and produces strong withdrawal symptoms. The U.S. Public Health Service has described nicotine addiction as the most widespread example of drug dependence in our country.
Studies have found that nicotine addiction typically begins in childhood. It has been estimated that thousands of American children smoke for the first time every day. Many youth, particularly male teenagers, use smokeless tobacco. Reported tests have shown that minors as young as eleven (11) years of age have experienced little or no difficulty in purchasing tobacco products.
The purpose of this chapter is to reduce the likelihood of minors obtaining tobacco products in the City by regulation of the potential sources thereof without unduly interfering with permitted transactions or prohibiting tobacco vending machines. This chapter enables affected persons to determine for themselves the methods they will employ to achieve compliance herewith. [Ord. 20-2010 §1, eff. 10-8-2010; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000. Formerly 6.26.010]
9.24.020 Definitions.
“Distribute” shall mean to sell, give away, or in any way furnish as part of a commercial transaction, including by means of direct retail sale, vending machine sale, or promotional free distribution.
“Person” shall mean an individual, a partnership, corporation, unincorporated association, joint venture or other entity.
“Tobacco product” shall mean any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff, or any other form of tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion.
“Tobacco vending machine” shall mean any electronic or mechanical device the operation of which depends upon the insertion of money, in coin or paper bill, or other thing representative of value, which dispenses or vends a tobacco product.
“Tobacco vending machine owner” shall mean any person who has an ownership or leasehold interest in a tobacco vending machine and who installs or places, or causes to be installed or placed, such tobacco vending machine on any premises for the purpose of distributing a tobacco product therefrom. [Ord. 20-2010 §1, eff. 10-8-2010; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000. Formerly 6.26.020]
9.24.070 Distribution of tobacco products to minors prohibited.
Any person, including a tobacco vending machine owner, who distributes a tobacco product to a minor who is in fact under the age of twenty-one (21) years, whether or not the fact of such minority was known to such person at the time of distribution, is guilty of an infraction, unless the purchaser or recipient of the tobacco product is active duty military personnel presenting a valid identification card issued by the United States Armed Forces providing proof of age of eighteen (18) years or older. [Ord. 1-2018 §5, eff. 2-23-2018; Ord. 20-2010 §1, eff. 10-8-2010; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000. Formerly 6.26.070]
9.24.080 Distribution of tobacco products to minors prohibited – Premises managers.
Any person who authorizes the installation or placement of a tobacco vending machine upon premises which the person manages or otherwise controls and who permits or allows any tobacco product to be distributed from such vending machine to a minor under the age of twenty-one (21) years is guilty of an infraction. This section shall not apply to the distribution of tobacco products to active duty military personnel presenting a valid identification card issued by the United States Armed Forces providing proof of age of eighteen (18) years or older. [Ord. 1-2018 §5, eff. 2-23-2018; Ord. 20-2010 §1, eff. 10-8-2010; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000. Formerly 6.26.080]
9.24.090 Proof of age.
For the purpose of preventing the violation of EGMC Section 9.24.070 or 9.24.080, any person may refuse to distribute a tobacco product to a person who is unable to produce adequate written evidence that he or she is over the age of twenty-one (21) years or, for active duty military personnel, eighteen (18) years. [Ord. 1-2018 §5, eff. 2-23-2018; Ord. 20-2010 §1, eff. 10-8-2010; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000. Formerly 6.26.090]
9.24.100 Defense – Evidence of majority.
Proof that the defendant, or his employee or agent, demanded, was shown, or acted in reliance upon bona fide evidence of majority and identity in any transaction prohibited by EGMC Section 9.24.070 or 9.24.080 shall be a defense to any criminal prosecution therefor, or to any civil proceeding based thereon. Bona fide evidence of majority and identity of a person shall be a document issued by a Federal, State, County or municipal government, or subdivision or agency thereof, which contains the name, date of birth, description and picture of the person, including, without limitation, a motor vehicle operator’s license or an identification card issued to a member of the armed forces. [Ord. 20-2010 §1, eff. 10-8-2010; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000. Formerly 6.26.100]
9.24.110 Purchase of tobacco products by minors prohibited.
A. Except as set forth in subsection (B) of this section, it shall be unlawful and an infraction for any minor under the age of twenty-one (21) years to purchase a tobacco product within the City of Elk Grove.
B. Notwithstanding subsection (A) of this section, active duty military personnel presenting a valid identification card issued by the United States Armed Forces providing proof of age of eighteen (18) years or older may purchase tobacco products. [Ord. 1-2018 §5, eff. 2-23-2018; Ord. 20-2010 §1, eff. 10-8-2010; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000. Formerly 6.26.110]
9.24.120 Posting of signs required.
A. Every person who distributes tobacco products within the City of Elk Grove shall post conspicuously and keep so posted in each place of business from which tobacco products are distributed a sign as developed by the State Department of Public Health pursuant to Section 22952(b) of the Business and Professions Code identifying the restrictions on the sale of tobacco products to minors.
B. Every tobacco vending machine owner shall affix and keep affixed to the front of each tobacco vending machine within the City of Elk Grove a sign as described in subsection (A) of this section. [Ord. 1-2018 §5, eff. 2-23-2018; Ord. 20-2010 §1, eff. 10-8-2010; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000. Formerly 6.26.120]