Furnishing or sale of tobacco, nicotine, or vapor products to minors.
Tulsa Revised Ordinances tit. 27, § 2211
in effectSection 2211. - Furnishing or sale of tobacco, nicotine, or vapor products to minors.
A. It shall be unlawful and an offense for any person to sell, give or furnish in any manner any tobacco product, nicotine product or vapor product to another person who is under twenty-one (21) years of age or to purchase in any manner a tobacco product, nicotine product or vapor product on behalf of any such person. It shall not be unlawful for an employee under twenty-one (21) years of age to handle tobacco products when required in the performance of employee duties.
B. Any person engaged in the sale or distribution of tobacco products, nicotine 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 twenty-one (21) years of age.
If an individual engaged in the sale or distribution of tobacco products, nicotine products or vapor products has demanded and was shown proof of age from a prospective purchaser or recipient who is not under twenty-one (21) years of age, the failure to subsequently require proof of age shall not constitute a violation of Subsection B of this section.
C. Penalty. Any person violating the provisions of Subsection A or B of this section shall be guilty of an offense and, upon conviction, shall be punished by a fine of:
1. Not more than One Hundred Dollars ($100.00), excluding costs, fees, and assessments, for the first offense;
2. Not more than Two Hundred Dollars ($200.00), excluding costs, fees, and assessments, for the second offense within a two (2) year period following the first offense;
3. Not more than Three Hundred Dollars ($300.00), excluding costs, fees, and assessments for a third or subsequent offense within a two (2) year period following the first offense. In addition to any other penalty, the store's license to sell tobacco products or nicotine products or the store's sales tax permit for a store that is predominantly engaged in the sale of vapor products in which the sale of other products is merely incidental may be suspended for a period not exceeding thirty (30) days; or
4. Not more than Three Hundred Dollars ($300.00), excluding costs, fees, and assessments for a fourth or subsequent offense within a two-year period following the first offense. In addition to any other penalty, the store's license to sell tobacco products or nicotine products or the store's sales tax permit for a store that is predominantly engaged in the sale of vapor products in which the sale of other products is merely incidental may be suspended for a period not exceeding sixty (60) days.
D. Record to be sent to the Alcoholic Beverage Laws Enforcement Commission (ABLE). Upon conviction for violating the provisions of Subsection A or B of this section, a report of the conviction shall be forwarded by the Municipal Court Clerk of the City of Tulsa to the Alcoholic Beverage Laws Enforcement (ABLE) Commission for possible suspension of the store's license to sell tobacco products or nicotine products or the store's sales tax permit for a store that is predominantly engaged in the sale of vapor products in which the sale of other products is merely incidental at the location where the offense occurred for the period of time prescribed by the ABLE Commission.
E. Defenses. Proof that the defendant demanded, was shown and reasonably relied upon proof of age shall be a defense to prosecution under Subsection A or B of this section. A person cited for violation of this section shall be deemed to have reasonably relied upon proof of age, and such person shall not be found guilty of such violation, if such person proves that:
1. The individual who purchased or received the tobacco product, nicotine product or vapor product presented a driver's license or other government-issued photo identification purporting to establish that such individual was twenty-one (21) years of age or older; or
2. The person cited for the violation confirmed the validity of the driver's license or other government-issued photo identification presented by such individual by performing a transaction scan by means of a transaction scan device.
3. Provided, that these defenses shall not relieve from liability any person cited for a violation of this section if such person failed to exercise reasonable diligence to determine whether the physical description and picture appearing on the driver's license or other government-issued photo identification was that of the individual who presented it. The availability of the defense described in this subsection does not affect the availability of any other defense under any other provision of law.
(Ord. Nos. 18882, 19128, 21357, 21419, 21524; Ord. No. 24916, § 2, 9-21-2022)
Source: City of Tulsa, Revised Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/tulsa/codes/code_of_ordinances?nodeId=COOR_TIT27PECO_CH22PUPR_S2211FUSATONIVAPRMIFetched: 10/28/2026