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A. Special Operating Requirements for Smoking Lounges. It is unlawful for any person to engage in, conduct, or carry on, or permit to be engaged in, conducted, or carried on, in or upon any premises within the city, the business of a smoking lounge except in compliance with all of the following requirements:

1. The business shall comply with the provisions regulating smoking in the workplace set forth in A.R.S. § 36-601.01 commonly known as the Smoke-Free Arizona Act.

2. No individual under 18 years of age shall be permitted within the business.

3. All business-related activities shall be conducted wholly within a building, with the exception of outdoor seating, which shall be operated in accordance with the city of Maricopa zoning code. No window coverings shall prevent visibility of the interior of the tenant space from outside the premises during operating hours. Any proposed window tint shall be approved in advance by the development services department.

4. The interior of the business enterprise shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernible to individuals of normal visual acuity.

B. Prohibited Sales. It shall be a violation of this chapter for any person, or employee or responsible party, to sell or offer to sell any tobacco, tobacco product, or tobacco related device:

1. To any individual under 18 years of age.

2. By means of any type of vending machine. This prohibition shall not apply to vending machines that meet the requirements set forth in A.R.S. § 36-798.02, as may be amended from time to time. For purposes of this section, a vending machine means any mechanical, electric or electronic, or other type of self-service device that dispenses tobacco, tobacco products or tobacco related devices upon the insertion of money, tokens or any other form of payment.

3. By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premises in order to receive the tobacco, tobacco product, or tobacco related device and whereby there is not a physical exchange of the tobacco, tobacco product, or tobacco related device between the licensee, or the licensee’s employee, and the customer. This subsection shall not apply to retail stores which cannot be entered at any time by individual under 18 years of age.

4. By means of loosies, a single or individually packed cigarette. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this definition shall not be considered individually packaged.

5. Containing opium, morphine, jimpson weed, belladonna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products.

6. By any other means, to any other individual, or in any other manner or form prohibited by federal, state or other local law, ordinance provision, or other regulation.

C. Self-Service Sales. It shall be unlawful for a licensee under this chapter to allow the sale of tobacco, tobacco products, or tobacco related devices by any means whereby the customer may have access to such items without having to request the item from the licensee or the licensee’s employee and whereby there is not a physical exchange of the tobacco, tobacco product, or the tobacco related device between the licensee or his clerk and the customer. All tobacco, tobacco products, and tobacco related devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, or tobacco related devices at the time this chapter is adopted shall comply with this section within 90 days following the effective date of this chapter. This section shall not apply to retail stores which cannot be entered at any time by individuals under 18 years of age.

D. Compliance Checks and Inspections. All licensed premises shall be open to inspection by the police department or other authorized city officials during regular business hours. From time to time, the city may conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of 15 years but less than 18 years, to enter the licensed premises to attempt to purchase tobacco, tobacco products, or tobacco related devices. Minors used for the purpose of compliance checks shall be trained and supervised by designated city personnel. Minors used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of tobacco, tobacco products, or tobacco related devices when such items are obtained or attempted to be obtained as part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor’s age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor’s age asked by the licensee or employee and shall produce any identification upon request, if any exists.

E. Other Illegal Acts. Unless otherwise provided, the following acts shall be a violation of this chapter:

1. Illegal Sales. It shall be a violation of this chapter for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor within city limits.

2. Illegal Possession. It shall be a violation of this chapter for any minor to possess any tobacco, tobacco product, or tobacco related device within city limits. This subsection shall not apply to minors lawfully involved in a compliance check by the city.

3. Illegal Use. It shall be a violation of this chapter for any minor to smoke, chew, sniff or otherwise use any tobacco, tobacco product, or tobacco related device within city limits.

4. Illegal Procurement. It shall be a violation of this chapter for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product or tobacco related device, and it shall be a violation of this chapter for any person to purchase or otherwise obtain such items on behalf of a minor. It shall further be a violation of this chapter for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor, and it shall further be a violation to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This subsection shall not apply to minors lawfully involved in a compliance check by the city.

5. Use of False Identification. It shall be a violation of this chapter for any minor to attempt to disguise his/her true age with a false form of identification, whether the identification is that of another person or an identification on which the age of the person has been modified or tampered with to represent an age older than the actual age of the minor.

F. Exceptions and Defenses.

1. Nothing in this chapter shall prevent the providing of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony.

2. It shall be an affirmative defense to the violation of this chapter for a person to have reasonably relied on proof of age as described by state law. [Ord. 18-16 § 1; Res. 18-29; Code 2004 § 8-3-8.]