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 product

designed to resemble a tobacco product; or a non-edible non-tobacco product
designed to resemble a tobacco product that is intended to be used by children as
a toy. Examples of imitation tobacco products include, but are not limited to,
candy or chocolate cigarettes, bubble gum cigars, shredded bubble gum
resembling spit tobacco and shredded beef jerky in containers resembling snuff
tins. An electronic cigarette is not an imitation tobacco product.

Novelty lighter means a mechanical or electrical device typically used for lighting
cigarettes, cigars or pipes that is designed to appear to be a toy, has entertaining
audio or visual effects, or that resembles, in physical form or function, articles
commonly recognized as appealing to or intended for use by children. Examples
of novelty lighters include, but are not limited to, lighters that resemble cartoon
characters, toys, guns, watches, musical instruments, vehicles, toy animals, food
or beverages, or that play musical notes or have flashing lights or other
entertaining features.

Sell or offer for sale means actual sale to a consumer as well as advertising or
displaying of Imitation Tobacco Products or Novelty Lighters.
XX.2 IMITATION TOBACCO PRODUCTS AND NOVELTY LIGHTERS
PROHIBITED

It is a violation of this Chapter for any business holding a retail sales permit to
sell, 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 that
are considered to be collectable.

XX.3 ENFORCEMENT

Any peace officer or public health officer who witnesses a retailer sell or offer for
sale any Imitation Tobacco Product or Novelty Lighter shall cause a report of
violation to be filed with the Linn County Public Health Department. Violations
of 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 name
of the person(s) listed on the retail sales permit.

XX.4 PENALTIES

Any person convicted of committing a county infraction based upon Section XX.2
of 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 Imitation

Tobacco Products or Novelty Lighters constitutes a separate offense.

XX.5 EFFECTIVE DATE

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