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(a) It is unlawful for any person to knowingly furnish to any person who is under eighteen (18) years of age, by gift, sale, distribution, dispensing, offering for sale or by any other means, any cigarettes, tobacco products or nicotine products.

(b) It shall be an affirmative defense to a prosecution under this Subsection that the person furnishing the cigarettes, tobacco products or nicotine products was presented with and reasonably relied upon a document which identified the person receiving the cigarettes, tobacco product or nicotine products as being eighteen (18) years of age or older.

(c) It is unlawful for any person who is under eighteen (18) years of age to purchase or attempt to purchase any cigarettes, tobacco products or nicotine products.

(d) It is unlawful for any person who is under eighteen (18) years of age to possess any cigarettes, tobacco products or nicotine products.

(e) It is not an offense under Subsections (c) and (d) of this Section if the person under eighteen (18) years of age was acting at the direction of an employee of a governmental agency authorized to enforce or ensure compliance with laws relating to the prohibition of the sale of cigarettes, tobacco products or nicotine products to minors.

(f) As used in this Section, "cigarette, tobacco product, or nicotine product" means:

(1) A product that contains nicotine or tobacco or is derived from tobacco and is intended to be ingested or inhaled by or applied to the skin of an individual; or

(2) Any device that can be used to deliver tobacco or nicotine to the person inhaling from the device, including an electronic cigarette, cigar, cigarillo, or pipe.

(g) Notwithstanding any provision of Subsection (f) of this Section to the contrary, "cigarette, tobacco product, or nicotine product" does not mean a product that the food and drug administration of the United States Department of Health and Human Services has approved as a tobacco use cessation product.

(h) Subsections (a), (c) and (d) of this Section are designated as noncriminal violations. (Ord. 1168 §1, 2014)