Chapter 5.16
REGULATION OF TOBACCO AND ELECTRONIC SMOKING DEVICE PRODUCTS
Sections:
5.16.020 Tobacco and electronic smoking devices self service prohibited.
5.16.040 Sale to minors prohibited – Identification required.
5.16.045 Retailing requirements and prohibitions.
5.16.050 Use and possession of electronic smoking devices by minors.
5.16.010 Definitions.
“Electronic smoking device” means an electronic and/or battery-operated device that delivers nicotine or other substances, which may simulate smoking. “Electronic smoking device” includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar or cigarillo, an electronic pipe, an electronic hookah or any other product name or descriptor. “Electronic smoking device” does not include any product specifically approved by the United States Food and Drug Administration for the purpose of tobacco cessation.
“Electronic smoking device paraphernalia” means cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, electronic smoking device batteries, electronic smoking device chargers, and any other item specifically designed for the preparation, charging, or use of electronic smoking devices.
“Minor” means any person under the age of 18 years old.
“Nonsale distribution” means to give, furnish, or cause, or allow to be given or furnished, wholly or for sampling, within the city of Silverton, an electronic smoking device to a person who is not a retailer. This would not apply to city of Silverton licensed tobacco stores, or electronic smoking device stores, if such licensed premises are posted to prevent any minors from accessing or entering the premises.
“Persons” means any natural person, business, employer, nonprofit entity, personal representative, receiver, trustee, assignee, all domestic and foreign corporations, associations, syndicates, partnerships of every kind, joint ventures, societies, individuals or any other legal entity including a government agency transacting and carrying on tobacco stores or electronic smoking device stores within the city limits.
“Retailer” means any person who sells, offers for sale, or does or offers to exchange, for any form of consideration, tobacco, electronic smoking devices or electronic smoking device paraphernalia. “Retailing” means the doing of any of these things. This definition is without regard to the quantity of the tobacco, electronic smoking devices or electronic smoking device paraphernalia sold, offered for sale, exchanged, or offered for exchange.
“Self-service display” means the open display or storage of electronic smoking devices or electronic smoking device paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.
“Smoking” means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device, or any plant product intended for human inhalation to include but not limited to tobacco or marijuana.
“Use of electronic smoking device” means to inhale, exhale, consume or ingest any product, including the use of any electronic smoking device that is on or producing vapor or other substances.
“Vendor-assisted sales” means the sale of tobacco product(s) or electronic smoking devices dispensed from locked storage or display areas, or sales of tobacco product(s) or electronic smoking devices from unlocked areas which are not accessible to customers by virtue of fixed counters or permanent barriers that render the tobacco products accessible solely to store sales clerks. As used herein “permanent barriers” do not include movable barriers. (Ord. 15-02, 2015; Ord. 00-114 § 1, 2000)
5.16.020 Tobacco and electronic smoking devices self service prohibited.
A. It is unlawful for any person, business, tobacco retailer, vape shop or other establishment subject to this chapter to sell, permit to be sold, or offer for sale any tobacco products, electronic smoking devices or electronic smoking device paraphernalia by means of self-service displays or by means other than vendor-assisted sales.
B. This chapter does not apply to any business, retailer or other establishment who is presently licensed by the Oregon Liquor Control Commission for a dispensing license, and city of Silverton licensed tobacco stores, or electronic smoking device stores, if such licensed premises are posted to prevent any minors from accessing or entering the premises. (Ord. 15-02, 2015; Ord. 00-126 § 1, 2000)
5.16.030 Unlawful display.
A. It is unlawful for any person, business, tobacco retailer, electronic smoking device retailer or other establishment subject to this chapter to display for sale any tobacco product(s) or electronic smoking device(s) or electronic smoking device paraphernalia that may be accessed by customers without the direct assistance of the store sales clerks.
B. Tobacco products or electronic smoking devices may not be displayed for sale in areas through which customers would reasonably walk to access any emergency exit, unless such products are displayed under lock and key. (Ord. 15-02, 2015; Ord. 00-114 § 2, 2000)
5.16.040 Sale to minors prohibited – Identification required.
A. It is a violation of this chapter to sell, give or furnish, or cause to be sold, given or furnished, any tobacco or tobacco product, an electronic smoking device or electronic smoking device paraphernalia to a minor in any place within the city of Silverton, Oregon.
B. Positive Identification Required. No retailer may sell, give or furnish an electronic smoking device or electronic smoking device paraphernalia to a person who appears to be under the age of 27 years without first examining government-issued identification that contains a photo of the person to confirm that the recipient is at least 18 years of age. (Ord. 15-02, 2015)
5.16.045 Retailing requirements and prohibitions.
A. Self-service displays of tobacco or electronic smoking devices are prohibited.
B. Nonsale Distribution Prohibited. A person is prohibited from the nonsale distribution of any tobacco, electronic smoking device or electronic smoking device paraphernalia to a person who is not a retailer unless the business is posted “no one under 18 allowed.” (Ord. 15-02, 2015)
5.16.050 Use and possession of electronic smoking devices by minors.
A. No minor may purchase, possess, consume or use any electronic smoking device or electronic smoking device paraphernalia, unless the minor is in a private residence accompanied by the minor’s parent or guardian and with the consent of the minor’s parent or guardian.
B. A minor may not purchase or attempt to purchase or acquire any electronic smoking device or electronic smoking device paraphernalia unless acting under the supervision of an adult for the purpose of testing compliance with federal, state or local law. (Ord. 15-02, 2015)
5.16.060 Penalty.
In addition to any other remedy available to the city, any person that violates any provision of this chapter is subject to a civil penalty. The general penalty provision of SMC 1.08.010 applies. Each day that a violation occurs is deemed a separate offense. (Ord. 15-02, 2015; Ord. 97-116, 1997; Ord. 97-113, 1997. Formerly 5.16.040)