Sec. 6-7-502. Penalties.
(a) Any person who sells, gives, or otherwise supplies any tobacco products to a person under the age of twenty-one (21) commits an offense and upon conviction thereof, shall result in the assessment of a noncriminal penalty in the following amounts:
(1) A fine of one hundred dollars ($100.00) for the first offense;
(2) A fine of three hundred dollars ($300.00) for the second offense; and
(3) A fine of six hundred dollars ($600.00) for the third offense; and
(4) A summons for the fourth offense and any subsequent offense(s).
(b) Any person under the age of twenty-one (21) who purchases or attempts to purchase any tobacco products commits an offense and upon conviction thereof, may result in the assessment of a noncriminal penalty in the following amounts:
(1) A fine of fifty dollars ($50.00) for the first offense or a summons with a fine up to one thousand dollars ($1,000.00);
(2) A fine of one hundred fifty dollars ($150.00) for the second offense or a summons with a fine up to one thousand dollars ($1,000.00); and
(3) A fine of three hundred dollars ($300.00) for the third offense and any subsequent offense(s) or a summons with a fine up to one thousand dollars ($1,000.00);
except that, following the issuance of a noncriminal penalty the court may permit the person to participate in a tobacco or vaping education program to reduce the penalty. The court may also allow such person to perform community service and be granted credit against the noncriminal penalty fine and court costs at the rate of ten dollars ($10.00) for each hour of work performed, for up to fifty percent (50%) of the noncriminal penalty amount, fine and court costs.
(c) A tobacco product retailer is responsible for the actions of its agents and employees regarding the sale of tobacco products. A conviction pursuant to Subsection (a) of this Section shall constitute prima facie evidence of a tobacco product retailer’s violation of this Subsection. The illegal sale of any tobacco products to a person under the age of twenty-one (21) at the tobacco product retailer’s store shall result in the assessment of a noncriminal penalty to the tobacco product retailer in the following amounts:
(1) A minimum fine of one hundred dollars ($100.00) for the first violation or a summons with a fine up to one thousand dollars ($1,000.00);
(2) A minimum fine of three hundred dollars ($300.00) for the second second violation or a summons with a fine up to one thousand dollars ($1,000.00);
(3) A minimum fine of six hundred dollars ($600.00) for the third third violation and any subsequent violation(s) or a summons with a fine up to one thousand dollars ($1,000.00). (Ord. 1499 §1 (Exh. A), 2020)