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ARTICLE XVIII.
GENERAL PROVISIONS
GENERAL PROVISIONS
(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
TOBACCO RETAIL ESTABLISHMENTS
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)
The following words and phrases, whenever used in this article, shall be construed as defined in this section unless in context it appears that a different meaning is intended:
Department means any department of the City of Tucson that the city manager designates as responsible for the administration and/or enforcement of this article, including, but not limited to, the City of Tucson business services department.
Electronic smoking device means a device that can be used to deliver aerosolized or vaporized nicotine to a person who inhales from the device, including an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah, and any component, part, or accessory of such a device, whether or not sold separately.
Hookah means a type of water pipe used to smoke tobacco or other legal non-tobacco substances, such as shisha, in which air is heated by charcoal or burning embers and passed through the tobacco or other substance to form smoke, and the smoke then passes through a water-filled chamber where it is filtered and cooled, and then inhaled through a tube and mouthpiece by one or more users during a smoking session. At the end of a smoking session, the dirty water is discarded, and the water chamber is refilled for the next user(s). The term "hookah" may also be referred to as a water pipe, narghile, argileh, goza, or hubble bubble. The term "shisha" includes any mixture of tobacco leaf and honey, molasses or dried fruit or any other sweetener.
Hookah bar means a smoking establishment whose business operation, whether as its primary use or as an ancillary use, is devoted to the on-premises use of hookahs. The term "hookah bar" includes but is not limited to establishments variously known as hookah parlors, hookah cafes, and hookah lounges.
License means a license required for operating a tobacco retail establishment under section 7-428(A) of this code.
Smoke shop means any establishment in which the area used for sales or display of tobacco products consists of fifteen (15) percent or more of the total sales area of the space.
Tobacco product means:
(1) Any product made or derived from tobacco or that contains nicotine and 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 cigarettes, cigars, pipe tobacco, chewing tobacco, shisha, snuff, snus, and liquid nicotine solution; and
(2) Any component, accessory, instrument, or paraphernalia that is used in the consumption of a tobacco product or that is solely designed for the smoking or ingesting of tobacco or shisha, including a hookah, water pipe, filter, rolling papers, pipe, or electronic smoking device; except that:
(3) The term "tobacco product" does not include drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.
Tobacco retail establishment means any place of business where tobacco products are available for sale directly to consumers. The term includes, but is not limited to grocery stores, tobacco product shops, kiosks, convenience stores, gasoline service stations, and other businesses where tobacco products are sold directly to customers.
Tobacco retailer means any person, partnership, joint venture, society, club, trustee, trust, organization, association, or corporation who owns, operates, or manages any tobacco retail establishment. Tobacco retailer does not mean the non-management employees of any tobacco retail establishment.
(Ord. No. 11703, § 2, 10-22-19; Ord. No. 12057, § 4, 11-14-23; Ord. No. 12133, § 1, 11-7-24, eff. 12-8-24)
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