A. Intent: It is the intent of the City Commission in enacting this section to protect public health and welfare by reducing access to flavored tobacco products and self-service access to tobacco products, making it easier to quit and more difficult to start.
B. Definitions: The following words and phrases, whenever used in this section, have the meanings defined in this subsection unless the context clearly requires otherwise:
DISTRIBUTE: To give, deliver, sample, or sell; to offer to give, deliver, sample, or sell; or to cause or hire another person to give, deliver, sample, or sell or offer to give, deliver, sample, or sell.
SELF-SERVICE DISPLAY: The open display or storage of tobacco products in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and without a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer.
TOBACCO PRODUCT: Any product containing, made, or derived from tobacco or that contains nicotine that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including but not limited to cigarettes, cigars, hookahs, pipes, electronic cigarettes, e-cigars, electronic pipes, vape pens, or electronic hookahs. Notwithstanding any provision to the contrary, "tobacco product" includes any component, part, or accessory intended or reasonably expected to be used with a tobacco product, whether or not sold separately. The term does not include drugs, devices, or combination products approved for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
TOBACCO RETAILER: Any person who distributes tobacco, or tobacco products. "Tobacco retailing" means the doing of any of these things. This definition is without regard to the quantity of tobacco products or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.
C. Sale Of Tobacco Products By Self-Service Display Prohibited: A tobacco retailer may not distribute tobacco products by means of a self-service display. The purchaser may not take possession of the tobacco product until after payment has been received and processed. This section does not apply to facilities where the tobacco retailer ensures that no person younger than eighteen (18) years of age is present, or permitted to enter, at any time.
D. Compliance And Inspections:
1. Remedies Are Cumulative: The remedies provided by this section are cumulative and in addition to any other remedies available at law or in equity.
2. Inspections:
a. Inspections will occur biannually during the first year of ordinance implementation.
b. Inspections will occur annually after the first year of implementation.
3. Violations: Inspections will be conducted following all confirmed violations.
E. Violations And Penalties: It is a violation for any person to fail to comply with the requirements of this section. If a person is found to have violated this section, the person may be assessed a civil penalty as follows:
1. Violations within sixty (60) days of effective date of this section will result in a warning letter and education.
2. Upon a first violation of this section City will impose a civil penalty of at least five hundred dollars ($500.00).
3. Upon a second violation of this section City will impose a civil penalty of at least seven hundred fifty dollars ($750.00).
4. Upon a third violation of this section City will impose a civil penalty of at least one thousand dollars ($1,000.00).
Each day of violation constitutes a separate offense. Failure to comply with any provision of this section constitutes grounds for the denial of, refusal to renew, suspension of, or revocation of any food, liquor, tobacco, or other business license issued by the City.
F. Severability: If any portion of this section, or its application to any circumstances, is held invalid, the remaining portions are severable, and must be given effect to the maximum extent possible. (Ord. 3253, 5-20-2019)