§ 660.09. POSSESSION OF TOBACCO PRODUCTS BY MINORS.

(a)

Purpose. The City of Coopersville, City Council Members have determined that it is in the best interests of the citizens of the City of Coopersville to prohibit the possession of tobacco products or alternative nicotine products and vapor products by minors and to establish fines for the violation hereof.

(b)

Definitions.

(1)

"Alternative nicotine product" means a noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means.

(2)

"Tobacco product" means a product that contains tobacco and is intended for human consumption, including, but not limited to, cigarettes, non-cigarette smoking tobacco, or smokeless tobacco, as those terms are defined in section 2 of the Tobacco Products Tax Act, 1993 PA 327, MCL 205.422, and cigars.

(3)

"Vapor product" means noncombustible products that employ a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine, marijuana extract, or other such substance, in a solution or other form. Vapor product includes an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and a vapor cartridge or other container of nicotine on a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.

(c)

Purchase, Consumption or Possession of Tobacco Products by Minors. A person who is less than eighteen years of age shall not do any of the following:

(1)

Purchase or attempt to purchase a tobacco product, vapor product or alternative nicotine product.

(2)

Possess or attempt to possess a tobacco product, vapor product or alternative nicotine product.

(3)

Use a tobacco product, vapor product or alternative nicotine product.

(4)

Present or offer to an individual a purported proof of age that is false, fraudulent, or not actually his or her own proof of age for the purpose of purchasing, attempting to purchase, possessing, or attempting to possess a tobacco product, vapor product or alternative nicotine product.

(5)

An individual who violates this section is responsible for a civil infraction punishable by a fine of not more than one hundred fifty dollars ($150.00) for the first violation. For a second violation, an individual is responsible for a civil infraction punishable by a fine of not more than two hundred dollars ($200.00). For a third or subsequent violation, an individual is guilty of a misdemeanor punishable by a fine of not more than three hundred dollars ($300.00).

(d)

Furnishing Tobacco Products to Minors.

(1)

A person shall not sell, offer to sell, give, or furnish a tobacco product, vapor product or alternative nicotine product to a person who is less than eighteen years of age, including, but not limited to, through a vending machine.

(2)

Before selling, offering for sale, giving, or furnishing a tobacco product, vapor product or alternative nicotine product to an individual, a person shall verify that the individual is at least eighteen years of age by examining a government issued photographic verification. Requirement does not apply to those persons that visually appear to be older than twenty-five years of age.

(3)

A person who violates this section is guilty of a misdemeanor punishable by a fine of not more than one hundred fifty dollars ($150.00) for the first violation. For a second violation, a person is guilty of a misdemeanor punishable by a fine of not more than two hundred fifty dollars ($250.00). For a third or subsequent violation, a person is guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment for a period of not more than ninety days, or by both such fine and imprisonment.

( Ord. No. 478. Passed 5-14-18 .)