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(A) Purpose. The Mayor and Council of the City of Goodyear, Maricopa County, Arizona declare that the purpose of this section is to protect and improve the public health of the City’s young people by prohibiting the sale of Tobacco Products or Smoking Devices to persons under the age of 21 years of age and limiting access to these materials.

(B) Person(s) selling Tobacco Products or Smoking Devices shall keep such products behind a counter or otherwise in a manner that is inaccessible to the public and in an area where such products are monitored to prevent theft, or unauthorized or uncontrolled purchases.

(C) Person(s) making a retail sale of Tobacco Products or Smoking Devices shall require acceptable photo identification from all potential purchasers and shall NOT sell Tobacco Products or Smoking Devices to any person under the age of 21 years of age. For purposes of this subsection, acceptable photo identification means any of the following:

(1) Current driver’s license or picture identification card issued by this or any other state;

(2) A current passport;

(3) A current tribal identification card; or

(4) A current military identification card.

(D) For purposes of this article, a Tobacco Product or Smoking Device shall mean those items as defined in Section 11-1-17 of the Goodyear City Code. Product packaging that lists tobacco or nicotine or any derivative of either substance as an ingredient shall constitute prima facie evidence that it is a Tobacco Product.

(E) Enforcement and penalties; individual. Any individual found guilty of violating the requirements of this section shall be guilty of a misdemeanor, punishable by:

(1) A fine of $500 plus surcharges for a first violation in any 24-month period;

(2) A fine of $1,000 plus surcharges for a second violation in any 24-month period;

(3) A fine of $2,500 plus surcharges for a third or more violations in any 24-month period.

(F) Enforcement and penalties; enterprise. Any enterprise found guilty of violating the requirements of this section shall be guilty of a misdemeanor, punishable by a fine not to exceed $20,000 as further provided for in Section 1-8-1, Penalty, of this code. (Ord. 19-1449, passed 9-23-2019)