Retail Tobacco Businesses
For the purposes of this chapter, the following terms, phrases, words and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used throughout this chapter, but not defined herein or in chapter 1, article A of this title, shall have their plain, ordinary and common meaning. Words in any gender shall apply to the feminine, masculine and neuter genders.
BUSINESS: Any company, partnership, firm, sole proprietorship, association, corporation, organization or other legal entity, or a representative of the foregoing entities.
DISTRIBUTE: To give, deliver, sell, offer to give, offer to deliver, offer to sell or cause any person to do the same or hire any person to do the same.
EQUIPMENT OR MATERIAL USED FOR THE CONSUMPTION OF A TOBACCO PRODUCT: Any product designed to be or used to hold any tobacco product for consumption, including, but not limited to, cigarette papers, holders, pipes, smokeless tobacco pouch or sachet, or snuff tube or spoon.
MINOR: A person less than eighteen (18) years of age.
PHOTOGRAPHIC IDENTIFICATION: State, district, territorial possession, provincial, national or other equivalent government driver's license, identification card or military card, in all cases bearing a photograph and a date of birth, or a valid passport.
RETAIL TOBACCO BUSINESS: A business which during the normal course of business primarily distributes any tobacco product or provides any equipment or material used for the consumption of tobacco and which permits smoking on premises owned, operated or used by the business as a smoking area, whether indoors or outdoors, during any portion of its hours of operation within the last thirty (30) days.
SELLER: The person who physically sells or distributes tobacco products.
SMOKING: The possession of any lighted tobacco product in any form.
SMOKING AREA: Any area used by the business in which smoking or any other method of consumption of any tobacco product is permitted.
TOBACCO PRODUCT: Any substance that contains tobacco, including, but not limited to, cigarettes, cigars, pipes, snuff, smoking tobacco, tobacco papers or smokeless tobacco.
UNANNOUNCED INSPECTION: Any inspection of a retail tobacco business by a law enforcement agency, whether random or not, with or without the assistance of a minor, to monitor compliance of this chapter. (1952 Code § 5-09-01; amd. 2019 Code)
3-5-2: Operational Requirements
A. Signage, Barriers Required: Every retail tobacco business shall keep a sign conspicuously posted over or on each entrance to the retail tobacco business, giving public notice that persons under eighteen (18) years are restricted from admittance to the premises and shall not enter, remain or loiter in or about the premises of any retail tobacco business.
1. Entrances to any retail tobacco business must contain the following words in plainly visible lettering of at least one inch (1") in height: "Admittance of persons under the age of eighteen (18) years is prohibited by law". Such sign must be placed conspicuously over or on the door of each entrance to the licensed premises and must be clearly visible from the exterior of the retail tobacco business.
2. Any outdoor facilities of a retail tobacco business in which equipment or materials used for the consumption of tobacco is furnished or serviced, and from which tobacco is consumed, must be identified by the placement of one or more continuous physical barriers with a minimum height of three feet (3') and along the outside of which at intervals of no less than ten feet (10') must be signs affixed at the three foot (3') level containing the following words in lettering of at least one inch (1") in height: "Minors are prohibited from loitering within ten feet (10') of this smoking area" and "Admittance of persons under the age of eighteen (18) years is prohibited by law". Access of the public to and from such outdoor facility is to be through the building housing the retail tobacco business abutting or contiguous to the outdoor facility.
B. Identification Required Prior To Entrance: Every retail tobacco business shall employ a person to sit or stand at each entrance to the retail tobacco business and such person shall demand photographic identification from each person desiring entrance to the retail tobacco business. No person under the age of eighteen (18) years shall be allowed entrance to the retail tobacco business, except as provided in section 5-2-2 of this Code.
C. Employment Of Minors Prohibited: It is unlawful for a retail tobacco business to employ persons under the age of eighteen (18) years in any capacity, including, but not limited to, custodians, DJs, entertainers, musicians, singers or sellers or distributors of tobacco products or equipment or material used for the consumption of a tobacco product.
D. Equipment Or Materials To Minors Prohibited: It is unlawful for a retail tobacco business to sell, furnish, lend, rent or otherwise permit any person under the age of eighteen (18) years to purchase, borrow, use or possess any equipment or materials used for the consumption of tobacco. (1952 Code § 5-09-02)
3-5-3: Hours Of Operation
No retail tobacco business shall permit any customer to enter or remain on the business premises from two o'clock (2:00) A.M. to six o'clock (6:00) A.M. It shall be the duty of every person who owns, manages or is employed at or upon the premises operated or used by a retail tobacco business to lock up and keep locked up in a locked room or cabinet all open tobacco products, stow on shelving or cabinets any unopened or sealed packages of tobacco products, to extinguish all smoking, cease any other consumption of tobacco products, and remove from use any equipment used for the consumption of a tobacco product owned or used by the retail tobacco business during the hours and at such times set forth in this section. Any such person who fails to perform the duty provided herein shall be guilty of a misdemeanor. (1952 Code § 5-09-03)
3-5-4: Examination Of Premises
Any law enforcement officer shall have the right at any time to make an examination of the premises of any retail tobacco business in order to ensure compliance with any of the provisions of this chapter. Any person who interferes with a law enforcement officer's exercise of the right to examine the premises of a retail tobacco business is guilty of a misdemeanor and any other offenses committed while interfering, obstructing or delaying the officers. Any person on the premises of a retail tobacco business who refuses admittance to a law enforcement officer is guilty of a misdemeanor. (1952 Code § 5-09-04)
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, subject to penalty as provided in section 1-4-1 of this Code. (1952 Code § 5-09-05; amd. 2019 Code)