5.12.020 Prohibition of Tobacco Sales to Minors

(a) Any juvenile under eighteen (18) years of age who knowingly possesses, purchases, attempts to purchase, smoke, or use cigarettes, cigars, cigarette papers, snuff, or tobacco in any other form in which it may be utilized for smoking or chewing will be guilty of an infraction and shall be ordered to perform not more than forty (40) hours of community service work, or may be fined not more than fifty dollars ($50) or both such fine and community service may be imposed at the discretion of the Court.

(b) Minors guilty of Section (a) shall be monitored by their parents and along with their parents be required to attend a tobacco cessation program in the community.

(c) It shall be a defense to Subsection (a) if the juvenile's possession or use of tobacco is related to a cultural or religious practice, including without limitation, the use or possession of tobacco during any religious or cultural ceremony, provided a child under the age of eighteen (18) be supervised by a parent, guardian, or elder.

(d) Subsection (a) shall not apply to an employee under eighteen (18) years of age employed by a licensed retailer where such person under eighteen years is handling the tobacco as part of his/her employment, provided the employee is not selling to another minor and is supervised by an adult/or manager of the business/establishment.