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CHAPTER XX

LINN COUNTY ORDINANCE PROHIBITING

THE SALE OF IMITATION TOBACCO PRODUCTS

AND NOVELTY LIGHTERS

TABLE OF CONTENTS

XX.1 Definitions

XX.2 Imitation Tobacco Products and Novelty Lighters Prohibited

XX.3 Enforcement

XX.4 Penalties

XX.5 Effective Date

XX.1 DEFINITIONS

Imitation Tobacco Products means either: Any edible non-tobacco productdesigned to resemble a tobacco product; or a non-edible non-tobacco productdesigned to resemble a tobacco product that is intended to be used by children asa toy. Examples of imitation tobacco products include, but are not limited to,candy or chocolate cigarettes, bubble gum cigars, shredded bubble gumresembling spit tobacco and shredded beef jerky in containers resembling snufftins. An electronic cigarette is not an imitation tobacco product.

Novelty lightermeans a mechanical or electrical device typically used for lightingcigarettes, cigars or pipes that is designed to appear to be a toy, has entertainingaudio or visual effects, or that resembles, in physical form or function, articlescommonly recognized as appealing to or intended for use by children. Examplesof novelty lighters include, but are not limited to, lighters that resemble cartooncharacters, toys, guns, watches, musical instruments, vehicles, toy animals, foodor beverages, or that play musical notes or have flashing lights or otherentertaining features.

Sell or offer for sale means actual sale to a consumer as well as advertising ordisplaying of Imitation Tobacco Products or Novelty Lighters.

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XX.2 IMITATION TOBACCO PRODUCTS AND NOVELTY LIGHTERS

PROHIBITED

It is a violation of this Chapter for any business holding a retail sales permit tosell, offer for sale or give away any Imitation Tobacco Product or Novelty Lighter

within the boundaries of Linn County, Iowa.

This section shall not apply to items manufactured prior to January 1, 1980 thatare considered to be collectable.

XX.3 ENFORCEMENT

Any peace officer or public health officer who witnesses a retailer sell or offer forsale any Imitation Tobacco Product or Novelty Lighter shall cause a report ofviolation to be filed with the Linn County Public Health Department. Violationsof this Chapter shall be enforced as county infractions pursuant to Chapter 19 of

the Linn County Code of Ordinances. Infractions shall be prosecuted in the nameof the person(s) listed on the retail sales permit.

XX.4 PENALTIES

Any person convicted of committing a county infraction based upon Section XX.2of this ordinance shall be fined as follows:

First offense: $250

Second offense: $500

Third and subsequent offenses: $750

Each sale to a consumer or each day of advertising or displaying ImitationTobacco Products or Novelty Lighters constitutes a separate offense.

XX.5 EFFECTIVE DATE

This ordinance shall be in effect after its final passage, approval and publicationas provided by law. It shall be in effect throughout Linn County, Iowa except inincorporated areas where a Municipal Ordinance exists regulating the sale of ImitationTobacco Products and Novelty Lighters.