Page:2021 North Dakota Session Laws.pdf/412

Criminal Code alternative nicotine products retailers may also conduct compliance surveys, after coordination with the appropriate local law enforcement authority.

3. Subsections 1 and 2 do not apply to an individual under twenty-one years of age who possesses cigarettes, cigarette papers, cigars, snuff, tobacco in any other form in which it may be used for smoking or chewing, electronic smoking devices, or alternative nicotine products when required in the performance of the individual's duties as an employee.

4. It is a noncriminal offense for a minoran individual under twenty-one years of age to present or offer to another individual a purported proof of age which is false, fraudulent, or not actually the minor'sthat individual's own proof of age, for the purpose of attempting to purchase or possess cigarettes, cigars, cigarette papers, snuff, tobacco in any other form in which it may be utilized for smoking or chewing, electronic smoking devices, or alternative nicotine products.

4.5. A city or county may adopt an ordinance or resolution regarding the sale of tobacco, electronic smoking devices, or alternative nicotine products to minorsindividuals under twenty-one years of age and use of tobacco, electronic smoking devices, or alternative nicotine products by minorsindividuals under twenty-one years of age which includes prohibitions in addition to those in subsection 1, 2, or 34. Any ordinance or resolution adopted must include provisions deeming a violation of subsection 2 or 34 a noncriminal violation and must provide for a fee of not less than twenty-five dollars for a minoran individual fourteen years of age or older who has been charged with an offense under subsection 2 or 34. The failure to post a required bond or pay an assessed fee by an individual found to have violated the ordinance or resolution is punishable as a contempt of court, except a minoran individual under twenty-one years of age may not be imprisoned for the contempt.

5.6. A minorAn individual fourteen years of age or older found to have violated subsection 2 or 34 must pay a fee of twenty-five dollars.

a. Any individual who has been cited for a violation of subsection 2 or 34 may appear before a court of competent jurisdiction and pay the fee by the time scheduled for a hearing, or if bond has been posted, may forfeit the bond by not appearing at the scheduled time. An individual appearing at the time scheduled in the citation may make a statement in explanation of that individual's action and the judge may waive, reduce, or suspend the fee or bond, or both. If the individual cited follows the procedures of this subdivision, that individual has admitted the violation and has waived the right to a hearing on the issue of commission of the violation. The bond required to secure appearance before the court must be identical to the fee. This subdivision does not allow a citing officer to receive the fee or bond.

b. If an individual cited for a violation of subsection 2 or 34 does not choose to follow the procedures provided under subdivision a, that individual may request a hearing on the issue of the commission of the violation cited. The hearing must be held at the time scheduled in the citation or at some future time, not to exceed ninety days later, set at that first appearance. At the time of a request for a hearing on the issue on commission of the