8.21.050 Tobacco product pricing and packaging.
A. Packaging and Labeling. No tobacco retailer shall sell any tobacco product to any consumer unless the tobacco product:
1. Is sold in the manufacturer’s packaging intended for sale to consumers;
2. Conforms to all applicable federal labeling requirements; and
3. Conforms to all applicable child-resistant packaging requirements.
B. Display of Price. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed on the tobacco product or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale.
C. Distribution of Tobacco Samples or Promotional Items. It is unlawful for any person to distribute free or nominally priced tobacco products.
D. Prohibition of Tobacco Coupons and Discounts. No tobacco retailer shall:
1. Honor or redeem, or offer to honor or redeem, a coupon to allow a consumer to purchase a tobacco product for less than the full retail price;
2. Sell any tobacco product to a consumer through a multiple-package discount or otherwise provide any such product to a consumer for less than the full retail price in consideration for the purchase of any tobacco product or any other item; or
3. Provide any free or discounted item to a consumer in consideration for the purchase of any tobacco product.
E. Minimum Package Size for Little Cigars and Cigars. No tobacco retailer shall sell to a consumer:
1. Any little cigar unless it is sold in a package of at least five little cigars minimum pack size; or
2. Any cigar unless it is sold in a package of at least two cigars minimum pack size; provided, however, that this subsection shall not apply to a cigar that has a price of at least ten dollars per cigar, including all applicable taxes and fees.
F. Minimum Prices for Cigarettes, Little Cigars, and Cigars. No tobacco retailer shall sell to a consumer:
1. Cigarettes at a price that is less than ten dollars per package of twenty cigarettes, including all applicable taxes and fees;
2. Little cigars at a price that is less than two dollars each per little cigar, including all applicable taxes and fees;
3. Cigars at a price that is less than five dollars per cigar, including all applicable taxes and fees.
(Ord. 2799 NCS §4, 2021.)