Chapter 7.24
TOBACCO PRODUCTS – SALES TO MINORS – TOBACCO VENDING MACHINES
Sections
7.24.020 Tobacco vending machines prohibited – Exceptions.
7.24.030 Sales to minors prohibited Identification required.
7.24.040 Violation – Tobacco vending machines.
7.24.050 Violation – Sale to a minor.
7.24.060 Violation – Purchase by a minor.
7.24.010 Definitions.
(1) Use of Words and Phrases. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
(2) “Minor” means an individual who is less than 18 years old.
(3) “Retailer” means a person which operates a store, stand, booth, concession or other place at which sales are made to purchasers for consumption or use.
(4) “Sales conducted in person” means that payment for the purchase price of the tobacco item is received directly and in person from the purchase by the seller or the seller’s employee. Sales from tobacco vending machines, that are controlled by an electronic device and activated by the seller or the seller’s employee upon the buyer’s presentation of acceptable identification as required in DMMC 7.24.030 are considered “sales conducted in person.”
(5) “Tobacco vending machine” means a machine or device designated for or used for the vending of cigarettes, cigars, tobacco or tobacco products upon the insertion of coins, trade checks, or slugs. [Ord. 992 § 1, 1992.]
7.24.020 Tobacco vending machines prohibited – Exceptions.
Tobacco vending machines or any other mechanism or method of retail sales of cigarettes or other tobacco products that do not require a sale to be conducted in person by the seller or agent of the seller are prohibited in the city; provided, this section shall not prohibit the installation and use of a tobacco vending machine by a proprietor, the proprietor’s agents, or employees 18 years or greater in a premises or portion thereof to which access by minors is expressly prohibited by law if, and only if, the tobacco vending machine is located fully within such premises from which minors are prohibited and not less than 15 feet from all entrance and/or exit ways. [Ord. 992 § 2, 1992.]
7.24.030 Sales to minors prohibited – Identification required.
No retailer shall sell or permit to be sold cigarettes or other tobacco products to an individual without requesting and examining identification from the purchaser positively establishing the purchaser’s age as 18 years or greater unless the seller has some other conclusive basis for determining the buyer is over the age of 18 years. In the event the seller does not request and examine identification from the purchaser, the seller is deemed to have not had “a conclusive basis” under this section, if the purchaser is in fact a minor. Identification is by means of an officially issued card accepted as proof of age for the sale of alcoholic beverages pursuant to RCW 66.16.040, as presently constituted or as may be subsequently amended. [Ord. 992 § 3, 1992.]
7.24.040 Violation – Tobacco vending machines.
(1) No person shall maintain a tobacco vending machine in violation of DMMC 7.24.020.
(2) A violation of or failure to comply with this section is a class 1 civil infraction.
(3) Each day upon which a violation occurs constitutes a separate offense. [Ord. 1034 § 2, 1993: Ord. 992 § 4, 1992.]
7.24.050 Violation – Sale to a minor.
(1) No person shall sell cigarettes, cigars, tobacco, or tobacco products to a minor in violation of DMMC 7.24.030.
(2) A violation of or failure to comply with this section is a class 2 civil infraction. [Ord. 1034 § 3, 1993: Ord. 992 § 5, 1992.]
7.24.060 Violation – Purchase by a minor.
(1) No minor shall purchase cigarettes, cigars, tobacco, or tobacco products, whether from a retailer or from a tobacco vending machine.
(2) A violation of or failure to comply with this section is a class 5 civil infraction. [Ord. 1034 § 4, 1993: Ord. 992 § 6, 1992.]