26.11.440 Regulation on the Sale and Use of Tobacco Products by Minors

(a) Any person (including parents and guardians) who shall sell or furnish to a minor under eighteen (18) years of age, cigarette papers, cigars, snuff or tobacco in any form, shall be guilty of an infraction and shall be ordered to pay a fine of not less than one hundred dollars ($100) and may be ordered to perform not more than forty (40) hours of community service work, or both such fine and community service.

(b) A business establishment which knowingly or negligently allows sales of tobacco products as defined in Subsection (a) to minors under eighteen (18) years of age shall be guilty of an infraction and ordered to pay a fine of five hundred dollars ($500) for conviction of a first violation. Subsequent violations may result in up to a doubling of the fine and may

subject the business owner to revocation of business license.

(1) All business/establishments must keep tobacco products behind the counter to prevent self-service access.

Compliance checks will be conducted to maintain that businesses/establishments are not selling to minors.

(c) As used in this subsection "sell" includes dispensing from a Vending machine under the control of an establishment (example: Bowling Alley, Retirement Home, Grocery Stores, Convenient Stores, Restaurants).

(d) It shall be a defense to Subsection (a) and (b) if the furnishings of tobacco to a minor was part of a cultural or religious practice, provided: the youth/child who is under the age of eighteen (18) must be supervised by a parent, guardian or elder.

(1) As used in this subsection an "elder" is defined as grandparent or religious leaders whom are performing the religious or cultural ceremony.