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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)
(a) No person may sell, furnish, give, or provide tobacco products directly to consumers within the City of Tucson except on the premises of a tobacco retail establishment with a valid license.
(b) It is the responsibility of the tobacco retailer to be informed of all laws applicable to tobacco retailing, including those laws affecting the issuance of a license, and to provide appropriate training to any persons who interact with customers on its premises. The issuance of a license is not a determination by the City of Tucson or the Department that the tobacco retail establishment or tobacco retailer has complied with any laws applicable to tobacco retailing.
(c) During any period that a tobacco retail establishment lacks a valid license, that tobacco retail establishment and its tobacco retailer must:
(1) Not sell, furnish, give, or provide any tobacco product to consumers at that tobacco retail establishment.
(2) Remove all tobacco products from the relevant tobacco retail establishment's retail area.
(3) Remove the license from public view.
(4) Display signage, provided by the department, in a conspicuous manner visible to the general public and within a five (5) foot radius of any tobacco product point of sale area, indicating that the tobacco retailer does not possess a current license to sell tobacco products. If multiple tobacco product point of sale areas exist in a single tobacco retail establishment, such signage must be displayed in each area.
(5) Remove all tobacco advertising that is not permanently affixed to the tobacco retail establishment's structure.
(d) It is a violation of this chapter for any employee of a tobacco retail establishment or for any tobacco retailer on its premises to violate any local or state law applicable to tobacco products or tobacco retailing.
(e) License application, procedure and fees; annual renewal.
(1) Any person, desiring to obtain a tobacco retail license shall apply to the department. An application for a tobacco retail license shall be filed no later than ninety (90) days from the effective date of this subsection.
(2) The applicant for an annual tobacco retail license shall pay an annual license fee of three hundred dollars ($300.00). All tobacco retail licenses shall expire on December 31 of each calendar year and must be renewed annually. Annual license fees shall only be valid for the location specified in the license application, a separate license being required for each location at which tobacco products are sold.
(3) The application fee and license required by this article shall be in addition to any business license and fee which may be required by chapter 19 of the Tucson Code. The granting of a license under this section shall not be deemed evidence or proof that the licensee has complied with the requirements and provisions of chapter 19 of the Tucson Code.
(Ord. No. 11703, § 2, 10-22-19; Ord. No. 11720, § 1, 1-7-20)
(a) All tobacco products at any tobacco retail establishment to which persons under twenty- one (21) years old are permitted entry must be maintained:
(1) Behind a counter in an area accessible only to employees of the tobacco retail establishment; or
(2) In a locked container accessible only to employees of the tobacco retail establishment; or
(3) Otherwise out of physical reach of any consumer and only accessible to employees of the tobacco retail establishment.
(Ord. No. 11703, § 2, 10-22-19)
(a) A tobacco retailer and/or any employee at a tobacco retail establishment shall not sell, furnish, give, or provide any tobacco product to any person under the age of twenty-one (21).
(b) Before selling, furnishing, giving, or providing a tobacco product to any person who appears to be under the age of thirty (30), a tobacco retailer or any employee at a tobacco retail establishment must examine an approved form of identification and verify that the person is at least twenty-one (21) years of age.
(c) For the purposes of this section, the following forms of identification, if valid, unexpired, and including a picture of the person and the person's date of birth, are approved for age verification:
(1) A driver license or nonoperating identification card issued by any state or territory of the United States or Canada;
(2) A United States Armed Forces identification card;
(3) A passport;
(4) A resident alien card.
(Ord. No. 11703, § 2, 10-22-19)
(a) A tobacco retail establishment must post a clearly visible sign stating "No tobacco products or electronic smoking devices will be sold to persons under the age of twenty-one (21) at every location where such products are available for purchase. The tobacco retailer for the tobacco retail establishment is responsible for compliance with this requirement.
(b) The City of Tucson will provide signs at the time of the license approval or renewal, or upon request.
(c) Signs must be no smaller than 4 inches by 6 inches, and include the appropriate department website and phone number.
(d) Failure to comply with this section is a violation under section 7-432 only after the tobacco retail establishment or its tobacco retailer has failed to correct any deficiency at the department's request.
(Ord. No. 11703, § 2, 10-22-19)
(a) In addition to any other penalties provided under this article, any person found responsible under this article shall be guilty of a civil infraction and punished in accordance with the mandatory penalties prescribed in minor section 1-8(2) and under the procedures outlined in chapter 8 of this City Code.
(b) If any court of competent jurisdiction determines, or the department finds, that a tobacco retail establishment with a license, or its tobacco retailer or any of its agents or employees, has violated a local, state, or federal law regulating tobacco sales or does not comply with this article, the following penalties also apply:
(1) For a first violation at a tobacco retail establishment, the court or the department will issue the tobacco retailer a fine of five hundred dollars ($500).
(2) For a second violation at a tobacco retail establishment within thirty-six (36) months of the first violation, the court or the department will assess a fine of seven hundred fifty dollars ($750) and the tobacco retail establishment's license shall be suspended for a period of seven (7) days, during which time the tobacco retail establishment shall be prohibited from distributing tobacco products.
(3) For a third violation at a tobacco retail establishment within thirty-six (36) months of the first violation, the court or the department will assess a fine of one thousand dollars ($1000) and the tobacco retail establishment's license shall be suspended for a period of thirty (30) days, during which time the tobacco retail establishment shall be prohibited from distributing tobacco products.
(4) For a fourth violation at a tobacco retail establishment within thirty-six (36) months of the first violation, the court or the department will assess a fine of one thousand dollars ($1000) and revoke the license for that tobacco retail establishment. The tobacco retail establishment may not apply for a new license within twelve (12) months following the revocation pursuant to this subsection.
(5) Any such tobacco retail establishment or its tobacco retailer found in violation will also be charged a two hundred dollar ($200) fee for a re-inspection that the department may conduct within three (3) months of the violation.
(c) If any court of competent jurisdiction determines, or the department finds, that a tobacco retail establishment operating without a valid license, or its tobacco retailer or any of its agents or employees, has violated a local or state law regulating tobacco sales or does not comply with this chapter, the following penalties also apply:
(1) For the first violation within a thirty-six (36) month period, the court or the department will assess a fine of one thousand dollars ($1000).
(2) For a second violation within a thirty-six (36) month period, the court or the department will assess a fine of one thousand five hundred dollars ($1500). The tobacco retail establishment will be ineligible to apply for a license for six (6) months.
(3) For each additional violation within a thirty-six (36) month period, the court or the department will assess a fine of two thousand five hundred dollar ($2500) and the tobacco retail establishment may not apply for a license for thirty-six (36) months.
(4) Any tobacco retail establishment operating without a valid license must also comply with section 7-428 of this chapter.
(d) Multiple violations of this article, or of any other local or state law applicable to tobacco products or tobacco retailing, identified during a single inspection are counted as a single violation with respect to penalties imposed under this article.
(e) All applicable fees must be paid before a license is issued or renewed.
(f) A tobacco retail establishment or its tobacco retailer or any of its employees or agents may appeal the penalties imposed by a court of competent jurisdiction as otherwise provided under Arizona law. A department-issued suspension of a license for a tobacco retail establishment is subject to section 7-434 below.
(Ord. 11703, § 2, 10-22-19)
The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity. Nothing in this chapter prohibits the prosecution of criminal offenses under any applicable law. The department may enforce this chapter in a civil action, including administrative or judicial proceedings, civil code enforcement proceedings, and suits for injunctive relief.
(Ord. 11703, § 2, 10-22-19)
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