Sec. 12-421. - Requirements and prohibitions applicable to licensees.

(a)

Intent. No tobacco dealer, or employee or agent of such tobacco dealer, shall sell or possess with the intention of selling a tobacco product to another person who appears to be under the age of 27 years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age to purchase and possess the tobacco product.

(b)

Display of price. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed to clearly indicate the price of the product.

(c)

Packaging and labeling. No tobacco dealer, or employee or agent of such tobacco dealer, shall sell any tobacco product unless such product:

(1)

Is sold in the original manufacturer's packaging intended for sale to consumers; and

(2)

Conforms to all applicable federal labeling requirements.

(d)

Prohibition of tobacco coupons and discounts. No tobacco dealer, or employee or agent of such tobacco dealer, shall:

(1)

Accept or redeem, or offer to accept or redeem, or cause or hire any person to accept or redeem or offer to accept or redeem any coupon that provides any tobacco product to a consumer without charge or for less than the full retail price;

(2)

Sell any tobacco product to a consumer through a multiple-package discount (e.g., "buy-two-get-one-free") or otherwise provide any tobacco product to a consumer for less than the full retail price in exchange for the purchase of any other tobacco product;

(3)

Provide any free or discounted item to a consumer in exchange for the purchase of any tobacco product.

(e)

Sale of flavored tobacco products prohibited. No tobacco dealer, or employee or agent of such tobacco dealer, shall sell any flavored tobacco product to a consumer. A non-cigarette tobacco product is presumed to be a flavored tobacco product if a manufacturer or any of the manufacturer's agents or employees has:

(1)

Made a public statement or claim that the non-cigarette tobacco product has or produces a characterizing flavor, including, but not limited to, text and/or images on the product's labeling or packaging that are used to explicitly or implicitly communicate information about the flavor, taste, or aroma of a non-cigarette tobacco product; or

(2)

Taken action directed to consumers that would be reasonably expected to result in consumers believing that the non-cigarette tobacco product imparts a characterizing flavor.

Each tobacco dealer shall maintain on the premises the original labeling and packaging provided by the manufacturer for all tobacco products that are sold or offered for sale by the tobacco dealer separately from the original packaging designed for retail sale to the consumer. The original labeling and packaging from which the contents are sold separately shall be maintained during such time as the contents of the package are offered for sale, and may be disposed of upon the sale of the entire contents of such package. This subsection (e) shall not apply to a smoking bar as defined in G.L. 1956, § 23-20.10-2(15).

(f)

Underage sale/distribution prohibited. The sale or distribution of any tobacco product to a person under the age of 21 is prohibited.

(Ord. of 10-14-2015, § 3; Ord. of 2-13-2017(2), § 1; Ord of 3-11-2019(1), § 1; Ord. of 12-9-2019(1), § 3)