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07/14/2015 Ordinances 9547 ORDINANCE NO. 9547 An ordinance to amend Chapter 20 of Grand Island City Code; to amend Section 20-20; and to add Section 20-20.1; to clarify and/or make general corrections to various code sections, to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 20-20; and Section 20-20.1 of the Grand Island City Code is hereby amended to read as follows: §20-20. Tobacco; Possession By Minors (A) It shall be unlawful for any person under the age of eighteen (18) years to possess any tobacco products, vapor products or alternative nicotine products (B) It shall not be unlawful for any person under the age of eighteen (18) years to: (1) Possess tobacco products, vapor products or alternative nicotine products under the direct supervision of the parent or guardian of such person in the privacy of the parent's or guardian's home. (2) Sell or handle any unopened container of tobacco products, vapor products or alternative nicotine products in the course of his or her employment by a tobacco licensee; or (3) Possess or purchase tobacco products, vapor products or alternative nicotine products for the purpose of testing or enforcing compliance with statutes, laws or ordinances governing the sale of tobacco products, vapor products or alternative nicotine products as long as law enforcement is conducting the compliance check. (C) Any person violating the provisions of this section shall be fined according to the provisions of the Grand Island City Code. §20-20.1. Definitions (A) Tobacco products shall mean any substance containing tobacco leaf, including but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco. (B)Vapor products shall mean any noncombustible product, whether containing nicotine or not, that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor. Vapor product shall include any electronic cigarette, Approved as to Form •a► July 13,2015 a i W'orney ORDINANCE NO. 9547 (Cont.) electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of solution that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. Vapor product does not include an alternative nicotine product, cigarette, cigar, or other tobacco product, or any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the federal Food, Drug, and Cosmetic Act. (C)Alternative nicotine product shall mean any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any Other means. Alternative nicotine product does not include any vapor product, cigarette, cigar, or other tobacco product, or any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the federal Food, Drug, and Cosmetic Act. SECTION 2. Any ordinance or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: July 14, 2015. L . ere y J:At-n, Mayor Attest: 10 Ilk 4 . 0 s".' Qty RaNae Edwards, City Clerk •""' 4 -2 -