PUBLIC PROTECTIONS

Tulsa Revised Ordinances tit. 27, ch. 22

in effect

Tulsa Revised Ordinances tit. 27, § 2200 Exposing minors to harmful materials—Penalty ("Anti-Display Ordinance").

Section 2200. - Exposing minors to harmful materials—Penalty ("Anti-Display Ordinance"). A. Definitions. 1. Minor means any unmarried person under the age of eighteen (18) years. 2. Harmful to minors means that quality of any description, exhibition, presentation or representation in whatever form of nudity, sexual conduct, sexual excitement or sado-masochist abuse when the material or performance, taken as a whole, has the following characteristics: a. The average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors; b. The average adult person applying contemporary community standards would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement or sado-masochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and c. The material or performance lacks serious literary, scientific, artistic or political value for minors. 3. Nudity means the showing of the human male or female genitals, pubic area or buttocks with less than full opaque covering; the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state. 4. Sexual conduct means acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or if such person be a female, breast. 5. Sexual excitement means the condition of human male or female genitals when in a state of sexual stimulation or arousal. 6. Sado-masochistic abuse means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. 7. Material means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, record, recording tape, CD-ROM disk, Magnetic Disk Memory, Magnetic Tape Memory, video tape, computer software or video game. 8. Performance means any motion picture, film, video tape, played record, phonograph or tape, preview, trailer, play, show, skit, dance or other exhibition performed or presented to or before an audience of one (1) or more with or without consideration. 9. Knowingly means having general knowledge of, or reason to know, or a belief of grounds for belief which warrants further inspection or inquiry of both: a. The character and content of any material or performance which is reasonably susceptible of examination by the defendant; and b. The age of the minor; however, an honest mistake shall constitute an excuse from liability hereunder if the defendant makes a reasonable, bona fide attempt to ascertain the true age of such minor. 10. Person means any individual, partnership, association, corporation or other legal entity of any kind. 11. A reasonable, bona fide attempt means an attempt to ascertain the true age of the minor by requiring production of a driver's license, marriage license, birth certificate or other governmental or educational identification card or paper and not relying solely on the oral allegations or apparent age of the minor. B. Offenses. No person having custody, control or supervision of any commercial establishment shall knowingly: 1. Display material which is harmful to minors in such a way that minors as a part of the invited general public will be exposed to view such material; provided, however, that a person shall be deemed not to have "displayed" material harmful to minors if the material is kept behind devices commonly known as "blinder racks" so that the lower two-thirds (⅔) of the material is not exposed to view; 2. Sell, furnish, present, distribute, allow to view or otherwise disseminate to a minor, with or without consideration, any material which is harmful to minors; or 3. Present to a minor or participate in the presenting to a minor, with or without consideration, any performance which is harmful to a minor. C. Defenses. It shall be an affirmative defense to any prosecution under this section that the material or performance involved was displayed, presented or disseminated to a minor at a recognized and established school, church, museum, medical clinic, hospital, public library, governmental agency or quasi-governmental agency; and persons acting in their capacity as employees or agents of such persons, organizations or institutions present or disseminate such material or performance for a bona fide governmental, educational or scientific purpose. D. Penalty. Any person violating any provisions of this section shall be guilty of an offense and, upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) and/or by imprisonment in the City jail for not more than ninety (90) days, excluding costs. (Ord. Nos. 16635, 20184)

Tulsa Revised Ordinances tit. 27, § 2201 Drilling and mining prohibited.

Section 2201. - Drilling and mining prohibited. It shall be an offense for any person or his agent, servant or employee to hereafter drill, mine or produce or cause to be drilled, mined or produced any oil, gas, coal or other mineral, or to perform any work or labor of any kind upon or in connection with the drilling, mining or producing of oil, gas, coal or other products; however, it shall not be an offense to do any of the above under the following conditions: A. When the operation or maintenance of any oil, gas or mining operation was being lawfully carried on before the effective date of this ordinance; or B. When the cleaning out or plugging of oil and gas wells has been determined necessary, by resolution or ordinance of the City of Tulsa, to be in the best interest of the public health, safety and welfare. (Ord. No. 128)

Tulsa Revised Ordinances tit. 27, § 2202 Public nuisance.

Section 2202. - Public nuisance. It shall be an offense for any person to commit any public nuisance, the punishment for which is not otherwise prescribed, or willfully to omit to perform any legal duty relating to the removal of a public nuisance.

Tulsa Revised Ordinances tit. 27, § 2203 Penalty.

Section 2203. - Penalty. Any person convicted of a violation of Sections 2201 or 2202 hereof shall be punished by a fine of not more than Five Hundred Dollars ($500.00), excluding costs. Each day such violation is committed or permitted to continue shall constitute a separate offense. (Ord. No. 15821)

Tulsa Revised Ordinances tit. 27, § 2204 Fire escapes.

Section 2204. - Fire escapes. It shall be an offense for any person, except the owner or occupant of the premises, a policeman or member of the Fire Department, to enter upon or stand upon any fire escape or use the same in any manner except for the purpose of escaping from fire.

Tulsa Revised Ordinances tit. 27, § 2205 Fortune telling, phrenology, palmistry and faking.

Section 2205. - Fortune telling, phrenology, palmistry and faking. It shall be an offense for any person to practice in fortune telling, phrenology, palmistry or reading or to be a fakir for a fee or valuable consideration of any kind.

Tulsa Revised Ordinances tit. 27, § 2206 Abandonment of refrigerators and iceboxes in places accessible to children—Penalty.

Section 2206. - Abandonment of refrigerators and iceboxes in places accessible to children—Penalty. Any person, firm or corporation who abandons or discards in any place accessible to children any refrigerator, icebox or ice chest of a capacity of one and one-half (1½) cubic feet or more and which has an attached lid or door which may be opened or fastened shut by means of an attached latch or magnetic seal or who, being the owner, lessee or manager of such place, knowingly permits such abandoned or discarded refrigerator, icebox or ice chest to remain in such condition shall be guilty of an offense and, upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), excluding costs, and/or by imprisonment in the City jail for not more than ninety (90) days. (Ord. No. 15821)

Tulsa Revised Ordinances tit. 27, § 2207 Penalty.

Section 2207. - Penalty. Any person convicted of violating Section 2204 or Section 2205 of this chapter shall be punished by a fine of not more than Two Hundred Dollars ($200.00), excluding costs, fees and assessments. Each day such violation is committed or permitted to continue shall constitute a separate offense. (Ord. Nos. 15523, 19605)

Tulsa Revised Ordinances tit. 27, § 2208 Use of tobacco products and vapor products in certain places prohibited.

Section 2208. - Use of tobacco products and vapor products in certain places prohibited. It is the intent of the City of Tulsa, in enacting this section, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of tobacco product and vapor product use around non-users, especially children; by protecting the public from exposure to secondhand smoke where people work, play, and learn; by reducing the potential for children to wrongly associate tobacco product and vapor product use with a healthy lifestyle; and by affirming and promoting a healthy environment in the City. A. Definitions. The following words and phrases, whenever used in this Section, shall have the meanings defined in this section unless the context clearly requires otherwise: Indoor area means any enclosed area used or visited by employees or the public, at all times, regardless of whether work is being performed. Indoor Area includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or visited by employees, as well as all space between a floor and ceiling that is predominantly or totally enclosed by walls or windows, regardless of doors, doorways, open or closed windows, stairways, or the like. Municipal property means all buildings, indoor areas, and outdoor areas, including but not limited to recreational areas, and other property, or portions thereof, owned or operated by the City of Tulsa, including but not limited to vehicles and equipment owned by the municipality. For purposes of this Ordinance, "Municipal Property" shall not include streets or sidewalks. Outdoor area means any area that is not an indoor area, and includes outdoor recreational areas. Smoking means the carrying by a person of a lighted cigar, cigarette, pipe, or other lighted smoking device. Tobacco product means any product that contains tobacco and is intended for human consumption. Tobacco Product does not include any product approved by the United States Food and Drug Administration for sale as a tobacco cessation product. Vapor product means any noncombustible product, that may or may not contain nicotine, that employs 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 product 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, or electronic device. B. Prohibited conduct. 1. Smoking tobacco products is prohibited in all places in which smoking tobacco products is prohibited by Oklahoma state law. 2. Using tobacco products and vapor products is prohibited on all municipal property, indoor and outdoor, including parks and recreational areas. 3. Nothing in this section prohibits any person or entity from prohibiting the use of tobacco products or vapor products on their property, even if the use of tobacco products or vapor products is not otherwise prohibited in that area. 4. No person or entity shall knowingly permit the use of tobacco products or vapor products in an area that is under the control of that person or entity and in which the use of tobacco products or vapor products is prohibited by law. 5. No person or entity shall permit the placement of ash receptacles, such as ash trays or ash cans, within an area under the control of that person or entity and in which smoking is prohibited by law. However, the presence of ash receptacles shall not be a defense to a charge of the use of tobacco products or vapor products in violation of any provision of this section. 6. No person shall dispose of tobacco product or vapor product waste within an area in which the use of tobacco products or vapor products is prohibited. 7. No person or entity shall intimidate, threaten, or otherwise retaliate against another person or entity that seeks to attain compliance with this section. C. Required signs. 1. The person or entity that has legal or de facto control of an area in which the use of tobacco products or vapor products is prohibited by this section shall post a clear, conspicuous, and unambiguous sign at each point of entry to the area, and in at least one (1) other conspicuous point within the area. 2. For restrictions on the use of tobacco products or vapor products in indoor areas, the sign or decal shall be at least four (4) inches by two (2) inches in size and shall clearly state that smoking or tobacco use is prohibited or that a tobacco-free environment is provided. For restrictions on the use of tobacco products or vapor products in outdoor areas, signs shall be weather-resistant, at least fifteen (15) inches by fifteen (15) inches in size, with lettering of at least 1 inch, and shall clearly state that smoking or tobacco use is prohibited or that a tobacco-free environment is provided. 3. For purposes of this section, the Mayor or his/her designee shall be responsible for the posting of signs on municipal property, both indoor and outdoor. 4. Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of the use of tobacco products or vapor products in violation of any other provision of this section. D. Penalties and enforcement. 1. Enforcement of this section shall be the responsibility of the City of Tulsa. In addition, any peace officer or code enforcement official may enforce this chapter. 2. Any person who knowingly violates this Section shall be punished by a citation and fine of not less than Ten Dollars ($10.00) and not more than One Hundred Dollars ($100.00) in accordance with the City of Tulsa Penal Code. 3. The possession of a lighted tobacco product in violation of this section is a nuisance. 4. The remedies provided by this section are cumulative and in addition to any other remedies available at law or in equity. 5. Each instance of tobacco product or vapor product use in violation of this section shall constitute a separate violation. 6. The use of a vapor product in violation of this section is a nuisance. 7. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this section regarding tobacco product or vapor product use shall also constitute a violation of this section. 8. In addition to other remedies provided by this section or by other law, any violation of this section regarding tobacco product or vapor product use may be remedied by the City Attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, criminal code enforcement proceedings, and suits for injunctive relief. E. Statutory construction and severability. It is the intent of the City of Tulsa to supplement applicable state and federal law and not to duplicate or contradict such law. The provisions of this ordinance are severable, and the invalidity of any provision of the ordinance shall not affect other provisions of the ordinance, which can be given effect without the invalid provision. (Ord. Nos. 13506, 20736; Ord. No. 23780, § 1, 9-13-2017)

Tulsa Revised Ordinances tit. 27, § 2209 Business hours for entertainment clubs.

Section 2209. - Business hours for entertainment clubs. A. It shall be unlawful for any person to operate or cause to be operated any entertainment club, as herein defined, between the hours of 2:00 a.m. and 7:00 a.m. B. Entertainment club shall mean a commercial establishment which meets the following conditions: 1. A person is licensed by the state of Oklahoma to sell and serve low-point beer or alcoholic beverages for consumption on the premises of the entertainment club; or 2. Patrons or customers are permitted to dance on the premises of the entertainment club. C. The term "entertainment club" does not include the following: 1. A "principal use restaurant," as defined herein, where the only entertainment consists of background music which is incidental to the primary function of serving food; or 2. A banquet, party or celebration consisting of invited guests and which is not open to the public; or 3. A dance or event sponsored or operated by a non-profit political, educational, religious or fraternal organization which has been granted an entertainment club after hours permit by the Director of Finance pursuant to the provisions of Title 21, Tulsa Revised Ordinances, Chapter 22. D. Principal use restaurant shall mean an eating establishment which employs at least one (1) full-time cook, has a menu, a fully-equipped kitchen for cooking and preparation of meals and which eating establishment, including the kitchen area but excluding the bar area, occupies at least seventy-five percent (75%) of the total floor area, as defined herein, of the business. E. Floor area shall mean the sum of the gross horizontal areas of the several floors, including basements, of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. Provided that for the purpose of determining compliance with the permitted floor area, the floor area of enclosed required off-street parking areas shall not be included. F. Penalty. Any person violating any of the provisions of this section shall be guilty of an offense and, upon conviction thereof, shall be punished by a fine of not more than One Thousand Two Hundred Dollars ($1,200.00) and/or by imprisonment in the City jail for not more than six (6) months, excluding costs, fees and assessments. (Ord. No. 17934, 21728, 21775)

Tulsa Revised Ordinances tit. 27, § 2210 Definitions.

Section 2210. - Definitions. For the purposes Sections 2210 through 2219 of this chapter, the following terms or phrases shall have the following meanings: Nicotine product means any product that contains nicotine extracted or isolated from plants, vegetables, fruit, herbs, weeds, genetically modified organic matter, or that is synthetic in origin and is intended for human consumption; provided this term shall not include products approved by the United States Food and Drug Administration for smoking cessation. Person means any individual, firm, fiduciary, partnership, corporation, trust or association, however formed. Proof of age means a driver's license, license for identification only or other generally accepted means of identification that describes the individual as twenty-one (21) years of age or older and contains a photograph or other likeness of the individual and appears on its face to be valid. Sample means a tobacco product, nicotine product or vapor product distributed to members of the public at no cost for the purpose of promoting the product. Tobacco product means any product that contains tobacco and is intended for human consumption. Transaction scan means the process by which a seller checks, by means of a transaction scan device, the validity of a driver's license or other government-issued photo identification. 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's license or other government-issued photo identification. 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, 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. Nos. 18882, 21357, 21419; Ord. No. 24916, § 2, 9-21-2022)

Tulsa Revised Ordinances tit. 27, § 2211 Furnishing or sale of tobacco, nicotine, or vapor products to minors.

Section 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)

Tulsa Revised Ordinances tit. 27, § 2212 Reserved.

Tulsa Revised Ordinances tit. 27, § 2213 Distribution of tobacco product, nicotine product or vapor product samples.

Section 2213. - Distribution of tobacco product, nicotine product or vapor product samples. A. It shall be unlawful and an offense for any person to distribute tobacco, nicotine products, vapor products or product samples to any person under twenty-one (21) years of age. B. No person shall distribute tobacco products, nicotine products, vapor products or product samples in or on any public street, sidewalk or park that is within three hundred (300) feet of any playground, school or other facility when the facility is being used primarily by persons under twenty-one (21) years of age. 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; and 3. Not more than Three Hundred Dollars ($300.00), excluding costs, fees, and assessments, for a third or subsequent offense. (Ord. Nos. 18882, 19128, 21357, 21419; Ord. No. 24916, § 2, 9-21-2022)

Tulsa Revised Ordinances tit. 27, § 2214 Sale of tobacco products except in original, sealed package.

Section 2214. - Sale of tobacco products except in original, sealed package. A. It is unlawful and an offense for any person to sell cigarettes except in the original, sealed package in which they were placed by the manufacturer. B. Any person violating the provisions of Subsection A of this section shall be guilty of an offense and, upon conviction, shall be punished by a fine of not more than Two Hundred Dollars ($200.00), excluding costs, fees, and assessments, for each offense. (Ord. Nos. 18882, 19128, 21357, 21419; Ord. No. 24916, § 2, 9-21-2022)

Tulsa Revised Ordinances tit. 27, § 2215 Signs in retail establishments required.

Section 2215. - Signs in retail establishments required. A. Every person who sells or displays tobacco products, nicotine products or vapor products at retail shall post conspicuously and keep so posted at the place of business a sign, as specified by the Alcoholic Beverage Laws Enforcement (ABLE) Commission, stating the following: "IT'S THE LAW. WE DO NOT SELL TOBACCO PRODUCTS, NICOTINE PRODUCTS OR VAPOR PRODUCTS TO PERSONS UNDER 21 YEARS OF AGE." The sign shall also provide the toll-free number operated by the Alcoholic Beverage Laws Enforcement (ABLE) Commission for the purpose of reporting violations of the Prevention of Youth Access to Tobacco Act. B. Any person violating the provisions of Subsection A of this section shall be guilty of an offense and, upon conviction, shall be punished by a fine of not more than Fifty Dollars ($50.00), excluding costs, fees, and assessments, for each day a violation occurs. Each day a violation is continuing shall constitute a separate offense. The notice required by Subsection A of this section shall be the only notice required to be posted or maintained in any store that sells tobacco products at retail. (Ord. Nos. 21357, 21419; Ord. No. 24916, § 2, 9-21-2022)

Tulsa Revised Ordinances tit. 27, § 2216 Notice to retail employees.

Section 2216. - Notice to retail employees. A. Every person engaged in the business of selling tobacco products, nicotine products or vapor products at retail shall notify each individual employed by that person as a retail sales clerk that state law: 1. Prohibits the sale or distribution of tobacco products, nicotine products or vapor products to any person under twenty-one (21) years of age and the purchase or receipt of tobacco products by any person under twenty-one (21) years of age; and 2. Requires that proof of age be demanded from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser or recipient may be under twenty-one (21) years of age. B. This notice shall be provided before the individual commences work as a retail sales clerk. The individual shall signify that he or she has received the notice required by this section by signing a form stating as follows: "I understand that state law prohibits the sale or distribution of tobacco products, nicotine products or vapor products to persons under twenty-one (21) years of age and out-of-package sales, and requires proof of age of purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser or recipient may be under twenty-one (21) years of age. I promise, as a condition of my employment, to obey the law. I understand that violations by me may be punishable by fines, suspension, or non-issuance of my driver's license. In addition, I understand that violations by me may subject the store owner to fines or license suspension." (Ord. Nos. 21357, 21419; Ord. No. 24916, § 2, 9-21-2022)

Tulsa Revised Ordinances tit. 27, § 2217 Vending machines sales restricted.

Section 2217. - Vending machines sales restricted. A. It shall be unlawful for any person to sell tobacco products, nicotine products or vapor products through a vending machine unless the vending machine is located: 1. In areas of factories, businesses, offices or other places that are not open to the public; or 2. In places that are open to the public, but to which persons under twenty-one (21) years of age are not admitted. B. Any person violating the provisions of Subsection A of this section shall be guilty of an offense and, upon conviction, shall be punished by a fine of not more than Two Hundred Dollars ($200.00), excluding costs, fees, and assessments, for each offense. (Ord. Nos. 21357, 21419; Ord. No. 24916, § 2, 9-21-2022)

Tulsa Revised Ordinances tit. 27, § 2218 Display or sale of tobacco, nicotine, or vapor products.

Section 2218. - Display or sale of tobacco, nicotine, or vapor products. A. It is unlawful for any person or retail store to display or offer for sale tobacco products, nicotine products or vapor products in any manner that allows public access to the tobacco product without assistance from the person displaying the tobacco products, nicotine products or vapor products or an employee or the owner of the store. The provisions of this subsection shall not apply to retail stores which do not admit into the store persons under twenty-one (21) years of age. B. Any person violating the provisions of Subsection A of this section shall be guilty of an offense and, upon conviction, shall be punished by a fine of not more than Two Hundred Dollars ($200.00), excluding costs, fees, and assessments, for each offense. (Ord. Nos. 21357, 21419; Ord. No. 24916, § 2, 9-21-2022)

Tulsa Revised Ordinances tit. 27, § 2219 Restrictions on manner of enforcement.

Section 2219. - Restrictions on manner of enforcement. A. Any conviction for violation of Sections 2211 through 2219 of this chapter and any compliance checks conducted by the City pursuant to subsection B of this section shall be reported in writing to the Alcoholic Beverage Laws Enforcement (ABLE) Commission within thirty (30) days of the conviction or compliance check. Such reports shall be compiled in the manner prescribed by the ABLE Commission. B. Persons under twenty-one (21) years of age may be enlisted by the City to assist in enforcement of Sections 2211 through 2219 of this chapter; provided, such persons may be used to test compliance only if written parental consent has been provided and the testing is conducted under the direct supervision of the Alcoholic Beverage Laws Enforcement (ABLE) Commission or conducted by another law enforcement agency if such agency has given written notice to the ABLE Commission in the manner prescribed by the ABLE Commission. The City may conduct, pursuant to rules of the ABLE Commission, compliance checks without prior notification to the ABLE Commission and shall be exempt from the written notice requirement of this subsection. This subsection shall not apply to the use of persons under twenty-one (21) years of age to test compliance if the compliance test is being conducted by or on behalf of a retailer of cigarettes, as defined in Title 68 Oklahoma Statutes, Section 301, at any location the retailer of cigarettes is authorized to sell cigarettes. C. For the purpose of determining second or subsequent violations, both the offenses penalized by the ABLE Commission as administrative fines and the offenses penalized by municipalities and towns and reported to the ABLE Commission, shall be considered together in such determination. (Ord. Nos. 18882, 19128, 21357, 21419; 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_CH22PUPRFetched: 10/28/2026