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, ยง 2, 10-22-19)