Sec. 94-343. Dispensing of tobacco products.
(a) For the purpose of this section, the term "tobacco products" means cigars, cigarettes, cheroots, stogies, periques, granulated, plus cut, crimp cut, ready rubbed, and other smoking tobacco, snuff, snuff flour, cavendish, plus and twist tobacco, fine cut and other chewing tobaccos, and other kinds and forms of tobacco, prepared in such a manner as to be suitable for chewing, to be placed in the oral cavity or nasal passage, or for smoking in a pipe or otherwise or both for chewing and smoking.
(b) It shall be unlawful for any person to knowingly furnish to any person who is under 18 years of age, by gift, sale, or any other means, any tobacco product. It shall be an affirmative defense to a prosecution under this subsection that the person furnishing the tobacco product was presented with and reasonably relied upon a document which identified the person receiving the tobacco product as being 18 year of age or older.
(c) It shall be unlawful for any person who is under 18 years of age to purchase any tobacco product.
(d) Except as otherwise stated in this subsection, it shall be unlawful for any person to sell or offer to sell any tobacco products by use of a vending machine or other coin-operated machine. Cigarettes may be sold at retail through vending machines only in:
(1) Factories, businesses, offices, or other places not open to the general public;
(2) Places to which persons under the age of 18 years are not permitted access; or
(3) Places where the vending machine is under the direct supervision of the owner of the establishment or any adult employee of the owner including, but not limited to establishments holding a valid liquor license.
As used in this subsection, the term "under direct supervision" means the vending machine shall be in plain vision of the employee or owner during regular business hours. It shall be an affirmative defense to a prosecution under this subsection that the person selling or offering to sell the tobacco product was presented with and reasonably relied upon a document which identified the person purchasing the tobacco product as being 18 years of age or older.
(e) Any person who sells or offers to sell any tobacco products shall display a warning sign in a prominent place in the building and on such machine at all times and in accordance with C.R.S. § 18-13-121(b). (Code 1979, § 23-3; Ord. No. 95-52, exhibit A (§ 23-3), 9-11-1995)