(a) Definitions. In this Section the following words have the meanings indicated.
(1) give away, sell, deliver, dispense, or issue;
(2) offer to give away, sell, deliver, dispense, or issue; or
(3) cause or hire any person to give away, sell, deliver, dispense, or issue or offer to give away, sell, deliver, dispense, or issue.
Electronic cigarette has the same meaning as in Section 24-9. Tobacco product means any substance containing tobacco, including cigarettes, cigars, smoking tobacco, snuff, or smokeless tobacco.
(b) Unlawful distribution.
(1) A person engaged in the business of selling or otherwise distributing tobacco products for commercial purposes must not distribute any tobacco product, cigarette rolling paper, coupon redeemable for any tobacco product, or electronic cigarette to an individual under 21 years old, unless:
(A) the individual is acting solely as the agent of the minor’s employer who is engaged in the business of distributing tobacco products; or
(i) at least 18 years of age;
(ii) is an active duty member of the military; and
(iii) presents a valid military identification.
(2) A person, who is not a person described under paragraph (b)(1), must not buy for, sell to, or deliver to an individual under 21 years old any tobacco product, cigarette rolling papers, or electronic cigarette, unless the individual under 21 years old is:
(A) at least 18 years of age;
(B) is an active duty member of the military; and
(C) presents a valid military identification.
(c) Subsection (b) does not apply to the distribution of a coupon which is redeemable for any tobacco product when the coupon is contained in a newspaper, a magazine, or any other type of publication in which the coupon is incidental to the primary purpose of the publication, or sent through the mail.
(d) A person has not violated this Section if:
(1) that person examined a driver’s license, military identification, or another valid identification issued by an employer, a government entity, or an institution of higher education; and
(2) that license or other identification positively identified the buyer or recipient of a tobacco product or electronic cigarette as at least 21 years old or is at least 18 years old and has a valid military identification.
(e) If an individual under 21 years old bought a tobacco product or electronic cigarette from a vending machine, this Section does not apply to the owner of the vending machine or any other person with control over the vending machine.
(f) A person who violates this Section is liable for a civil violation. The maximum civil fine is $1000 for a first offense and $1000 for each subsequent offense. (1998 L.M.C., ch. 15, § 1; , § 2; , § 1; 2020 L.M.C., ch. 12, §1.)
Editor’s note—County Council Resolution No. 13-1410 adopted 1998 L.M.C., ch. 15 (Bill No. 13-98) as a Board of Health Regulation.
