Sec. 7-413. Non-compliance unlawful; two or more violations good cause for revocation of occupational license.

It shall be unlawful for any late night retail establishment to fail to comply with the requirements of this article. In addition to any other civil or criminal penalty under Arizona law or this Code, two (2) or more violations of the requirements of this article shall constitute good cause for revocation of the late night retail establishment's occupational license pursuant to section 19-19 of the Tucson Code.

(Ord. No. 8066, § 1, 6-14-93)

Sec. 7-414. Promulgation of regulations.

The chief of police and the director of development services are authorized to and shall promulgate all necessary rules and regulations for the implementation of this article.

(Ord. No. 8066, § 1, 6-14-93)

Secs. 7-415--7-424. Reserved.

ARTICLE XVIII. GENERAL PROVISIONS

Sec. 7-425. Fingerprinting procedures.

   (a)   Each applicant for a license identified in this section that is issued by the city shall provide to the chief of police fingerprint identification. The chief of police shall, pursuant to A.R.S. Section 41-1750 and Public Law 92-184, Section 902, forward those fingerprints accompanied by the appropriate fees, which will be paid by the applicant, to the state department of public safety and the Federal Bureau of Investigation for the purpose of seeking criminal history information on such applicants. Such information shall be used only for the purpose of evaluating the fitness of the applicants applying for the following types of licenses:

   (1)   Adult entertainment employee

   (2)   Adult entertainment enterprise

   (3)   Escort

   (4)   Escort bureau

   (5)   Fortuneteller

   (6)   Massage establishment

   (7)   Massage therapist

   (8)   Spirituous liquor

   (9)   Youth dance hall

   (b)   The city shall comply with any relevant state and federal rules and regulations that may relate to the dissemination of such criminal history information.

(Ord. No. 8131, § 1, 7-425)

ARTICLE XIX. TOBACCO RETAIL ESTABLISHMENTS

Sec. 7-426. Purpose and intent.

It is the purpose and intent of this article to provide for the regulation of tobacco retail sales, as defined in this article, in order to prevent the illegal sale of cigarettes, e-cigarettes and other tobacco and nicotine-containing products to minors and young adults under the age of twenty-one (21).

The vast majority of smokers begin smoking in their teens or pre-teens. The health hazards posed by cigarettes and other tobacco products are well documented. Recent studies show that youth use of electronic smoking devices such as e-cigarettes continues to increase and is higher than other forms of tobacco use, which has stymied previous progress in reducing the overall tobacco use rate for youth.

Arizona Revised Statutes prohibit selling, giving or furnishing tobacco products to minors and prohibit minors from buying, accepting or receiving tobacco products. However, the present legislative scheme of prohibiting tobacco sales and distribution to minors, defined therein as persons under eighteen (18) years of age, has proven ineffective in preventing tobacco sales and distribution to minors and preventing minors from buying and obtaining tobacco products.

Licensing of retailers to sell tobacco to adults has been shown in several jurisdictions to prevent tobacco sales to minors when the license is issued under the condition that the licensee will not sell tobacco products to minors. In addition, retail tobacco licensing laws have been shown in several jurisdictions to prevent tobacco product sales to minors when the prohibition against tobacco sales to minors is actively enforced to ensure compliance, and when violators face criminal and/or civil penalties as well as license suspension and revocation for violating the prohibition against selling tobacco products to minors. Licensing tobacco retailers and establishing a minimum sales age of twenty-one (21) will therefore promote the health, safety and welfare of the residents of Tucson under twenty-one (21) years of age.

Therefore, the mayor and council find it in the public interest to license tobacco retailers as provided in this article as a reasonable, proven method of preventing sales of tobacco products to minors and young adults under the age of twenty- one (21). The mayor and council further find it is within its police powers and other express Charter authority to prevent disease and protect health and safety to implement and enforce the provisions of this ordinance.

(Ord. No. 11703, § 2, 10-22-19)