MODEL SALE OF TOBACCO TO MINORS ORDINANCE

Section 1000. Title.

This ordinance shall be known as the Sale of Tobacco to Minors Ordinance.

Section 1001. Purpose.

The City Council [or Board of Supervisors] finds cigarette smoking and other tobacco use by minors to be a continuing problem with grave public health consequences. In recognition of the Surgeon General's conclusion that nicotine is as addictive as cocaine or heroin, action is needed to curtail the easy access of minors to cigarettes and other tobacco products. Therefore, the purpose of this ordinance is to implement a strict and enforceable system to prevent the illegal sale of cigarettes and other tobacco products to minors.

Section 1002. Definitions.

A. Public Place means any area to which the public is invited or in which the public is permitted, including, but not limited to, any right-of-way, mall or shopping center, park, playground, and any other property owned by the city, and any school district, or any park district.

B. Retail Tobacco Store means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

C. Tobacco Vending Machine means any machine or device designated for or used for the vending of cigarettes, cigars, tobacco, or tobacco products upon the insertion of coins, trade checks, or slugs.

Section 1003. Identification Required.

No retailer shall sell or permit to be sold cigarettes or other tobacco products to an individual without requesting and examining identification establishing the purchaser's age as eighteen years or greater unless the seller has some other conclusive basis for determining the buyer's age.

Section 1004. License Required.

After [specify date], it shall be unlawful for a retailer to sell cigarettes or other tobacco products unless that retailer holds and maintains a valid license from the City [or County] for each location in which tobacco products are sold. The term of the license shall be three years if the licensee complies with the provisions of this chapter.

Section 1005. Revocation of License.

A license shall be suspended after notice and opportunity to be heard as follows:

A. In the case of a first violation, the licensee shall be fined two hundred dollars and shall be notified in writing of penalties levied for further violations.

B. In the case of a second violation, the licensee shall be fined five hundred dollars and the license shall be suspended for not less than ninety consecutive business days nor more than six months.

C. In the case of three or more violations, the licensee shall be fined one thousand dollars and the license shall be revoked not less than nine months nor more than eighteen months from the date of revocation.

Section 1006. Fee.

The fee for a three year tobacco retailer's license is three hundred dollars for each tobacco retail location.

Section 1007. Non-transferability.

A tobacco retail license is non-transferable, except a new license will be issued to a tobacco retailer who changes location.

Section 1008. Vending Machines.

After [specify date], cigarette vending machines or any other devices for the sale or distribution of tobacco products are prohibited.

Section 1009. Out-of-Package Sales Prohibited.

It is unlawful to sell cigarettes out of the manufacturer's package with required health warnings.

Section 1010. Tobacco Samples Prohibited.

No person shall knowingly distribute or furnish without charge, or cause to be furnished or distributed without charge, cigarettes or other tobacco products, or coupons for cigarettes or other tobacco products, in any public place or at any event open to the public, except in retail tobacco stores.

Section 1011. Enforcement.

Violations of Sections 1008, 1009, 1010 of this ordinance are subject to a fine of $1000 per day for each violation. The City Attorney and City Manager may enforce this ordinance, and the Police Department shall also have the authority to issue citations for violations of Section 1010.

Section 1012. Severability.

If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstance shall be held to be invalid, such invalidity shall not affect the provisions of this article which can be given effect without the invalid provision or application, and to this end the provisions are declared to be severable.

Section 1013. Effective Date.

This chapter shall take effect on [specify date].