PREVENTION OF YOUTH ACCESS TO TOBACCO

Oklahoma City Municipal Code ch. 30, art. XVI

in effect

Oklahoma City Municipal Code § 30-450 Definitions.

§ 30-450. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning: (1) Person means any individual, firm, fiduciary, partnership, corporation, trust or association, however formed; (2) Proof of age means a driver's license, license for identification only, or other generally accepted means of identification that describes the individual as 21 years of age or older and contains a photograph or other likeness of the individual and appears on its face to be valid; (3) Sample means a tobacco product distributed to members of the public at no cost for the purpose of promoting the product; (4) Sampling means the distribution of samples to members of the public in a public place; (5) Tobacco product means any product that contains tobacco and is intended for human consumption; (6) Transaction scan means the process by which a seller checks, by means of a transaction scan device, the validity of a driver license or other government-issued photo identification; (7) Transaction scan device means any commercial device or combination of devices used at a point of sale or entry that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver license or other government-issued photo identification; (8) Vapor product shall mean noncombustible products, that may or may not contain nicotine, that employ a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form. Vapor products shall include any vapor cartridge or other container with or without nicotine or other form that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of a solution, that may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or electronic device. Vapor products do not include any products regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act. (Ord. No. 25293, §1, 12-22-15; Ord. No. 26672, § 1, 2-16-21)

Oklahoma City Municipal Code § 30-451 Furnishing of tobacco products or vapor products to persons under 21 prohibited; proof of age; fines.

§ 30-451. - Furnishing of tobacco products or vapor products to persons under 21 prohibited; proof of age; fines. (a) It is unlawful for any person to furnish by gift, sale or otherwise any cigarettes, cigarette papers, cigars, bidis, snuff, chewing tobacco, or any other form of tobacco product, or vapor products to a person under 21 years of age. It shall not be unlawful for an employee under 21 years of age to handle tobacco products when required in the performance of the employee's duties. (b) A person engaged in the sale or distribution of tobacco products or vapor products shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser may be under 21 years of age. If an individual engaged in the sale or distribution of tobacco products or vapor products has demanded proof of age from a prospective purchaser or recipient who is not under 21 years of age, the failure to subsequently require proof of age shall not constitute a violation of this subsection. (c) Proof that the defendant demanded, was shown, and reasonably relied upon proof of age shall be a defense to any action brought pursuant to this section. A person cited for violating this section shall be deemed to have reasonably relied upon proof of age, and such person shall not be found guilty of the violation if such person proves that: (1) the individual who purchased or received the tobacco product or vapor product presented a driver license or other government-issued photo identification purporting to establish that such individual was 21 years of age or older, or (2) the person cited for the violation confirmed the validity of the driver license or other government-issued photo identification presented by such individual by performing a transaction scan by means of a transaction scan device. Provided that this defense shall not relieve from liability any person cited for a violation of this section if the person failed to exercise reasonable diligence to determine whether the physical description and picture appearing on the driver license or other government-issued photo identification was that of the individual who presented it. The availability of this defense does not affect the availability of any other defense under any other provision of law. (d) Any person who shall violate Subsection (a) of this section shall be guilty of a Class "a" offense and, upon conviction, may be assessed a fine not to exceed $ $100.00 plus costs. Any person who shall commit a second or subsequent violation of Subsection (a) of this section shall be guilty of a Class "a" offense and, upon conviction, may be assessed a fine only, not to exceed $200.00 plus costs. (e) Any person who shall violate Subsection (b) of this section shall be guilty of a Class "a" offense and, upon conviction, may be assessed a fine of not more than $100.00 plus costs for the first offense and not more than $200.00 plus costs for the second offense within a two-year period following the first offense and not more than $300.00 plus costs for a third or subsequent offense within a two-year period following the first offense. (Ord. No. 25293, §1, 12-22-15; Ord. No. 26672, § 1, 2-16-21)

Oklahoma City Municipal Code § 30-452 Purchase, receipt or possession of tobacco products or vapor products by persons under 21 prohibited; falsifying proof of age; fines.

§ 30-452. - Purchase, receipt or possession of tobacco products or vapor products by persons under 21 prohibited; falsifying proof of age; fines. (a) Except as provided under Section 30-451(a), it is unlawful for a person who is under 21 years of age to purchase, receive, or have in his or her possession a tobacco product or vapor product or to present or offer a purported proof of age which is false or fraudulent, for the purpose of purchasing or receiving any tobacco product or vapor product. (b) Upon conviction of an individual for a Class "a" offense under Subsection (a) of this section, the Court may for a first offense, impose a fine of not more than $100.00 plus costs and, for a second or subsequent offense, impose a fine of not more than $200.00 plus costs. (Ord. No. 25293, §1, 12-22-15; Ord. No. 26672, § 1, 2-16-21)

Oklahoma City Municipal Code § 30-453 Distribution of tobacco products, vapor products or product samples restricted; fines.

§ 30-453. - Distribution of tobacco products, vapor products or product samples restricted; fines. (a) It shall be unlawful for any person or retailer to distribute tobacco products, vapor products or product samples to any person under 21 years of age. (b) No person shall distribute tobacco products, vapor products or product samples in or on any public street, sidewalk, or park that is within 300 feet of any playground, school, or other facility when the facility is being used primarily by persons under 21 years of age. (c) Any person who shall violate this section shall be guilty of a Class "a" offense and, upon conviction, may be assessed a fine of not more than $100.00 plus costs for the first offense, of not more than $200.00 plus costs for the second offense and of not more than $300.00 plus costs for a third or subsequent offense. (Ord. No. 25293, §1, 12-22-15; Ord. No. 26672, § 1, 2-16-21)

Oklahoma City Municipal Code § 30-454 Sale of cigarettes except in original, sealed packaging prohibited; fine.

§ 30-454. - Sale of cigarettes except in original, sealed packaging prohibited; fine. (a) It is unlawful for any person to sell cigarettes except in the original, sealed package in which they were placed by the manufacturer. (b) Any person who shall violate this section shall be guilty of a Class "a" offense and, upon conviction, may be assessed a fine of not more than $200.00 plus costs for each offense. (Ord. No. 25293, §1, 12-22-15)

Oklahoma City Municipal Code § 30-455 Public access to displayed tobacco or vapor products; assistance from store owner or other required; fine.

§ 30-455. - Public access to displayed tobacco or vapor products; assistance from store owner or other required; fine. (a) It is unlawful for any person or retail store to display or offer for sale tobacco products or vapor products in any manner that allows public access to the tobacco products or vapor products without assistance from the person displaying the tobacco products or vapor products or an employee or the owner of the store. The provisions of this section shall not apply to retail stores which do not admit into the store persons under 21 years of age. (b) Any person who shall violate this section shall be guilty of a Class "a" offense and, upon conviction, may be assessed a fine of not more than $200.00 plus costs for each offense. (Ord. No. 25293, §1, 12-22-15; Ord. No. 26672, § 1, 2-16-21)

Oklahoma City Municipal Code § 30-456 Reporting.

§ 30-456. - Reporting. Any information or reports required by the Oklahoma Alcoholic Beverages Enforcement (ABLE) Commission shall be provided by the Court Administrator regarding Municipal Court cases and by the Chief of Police regarding police reports. (Ord. No. 25293, §1, 12-22-15)

Source: City of Oklahoma City, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/oklahoma_city/codes/code_of_ordinances?nodeId=OKMUCO2020_CH30MIPROF_ARTXVIPRYOACTOFetched: 10/28/2026