Sec. 11-73. Possession, sale or distribution of certain synthetic cannabinoids.

   (a)   Definitions. For the purposes of this section:

   Licensee means the person licensed or required to be licensed pursuant to Chapter 19 of this Code.

   Prohibited synthetic cannabinoid means any material, compound, mixture or preparation that contains any quantity of the following cannabimimetic substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers, whenever the existence of such salts, isomers and salts of isomers is possible within the following specific chemical designation:

   (1)   Any synthetic cannabinoid designated within A.R.S. Section 13-3401; and

   (2)   EG-018.

   Retail establishment means any business or other establishment that is engaged in the business of sales of tangible personal property at retail.

   (b)   Prohibitions. It is unlawful for any person or any operator or licensee of a retail establishment to sell, offer for sale, display for sale, or distribute any prohibited synthetic cannabinoid in the corporate limits of the city. This prohibition is in addition to any act otherwise prohibited under Arizona or federal law, and nothing in this section limits or in any way affects any other provision of Arizona or federal law.

   (c)   Classification and penalties. Any violation of this section is a public nuisance and is punishable as follows:

   1.   A violation of this section is a class 1 misdemeanor. Each day during which a violation of this section occurs shall constitute a separate offense. In addition to any other penalties imposed according to law, any person found guilty of this section shall be liable for payment of the costs of prosecution and all investigative costs incurred, including but not limited to any cost for forensic or laboratory testing.

   2.   Alternatively, a violation of this section may be charged as a civil infraction, with penalties and sanctions as provided in Chapter 8 of this Code. In addition to any other penalties imposed under Chapter 8, any person found responsible for a civil infraction violation of this section shall be liable for payment of the costs of prosecution and all investigative costs incurred, including but not limited to any cost for forensic or laboratory testing. Upon finding a person or retail establishment responsible for a civil infraction violation of this section, the court or hearing officer shall issue an abatement order as provided in Section 8-6.1 of this Code, ordering the person and/or retail establishment to abate the violation(s) and to remain in compliance with the abatement order for one (1) year, and advising the person and/or retail establishment that any violation of the order shall result in the imposition of additional fines and penalties, and may cause the filing of a criminal charge for failure to obey an order to abate, the penalties for which include mandatory jail pursuant to Section 11-122 of this Code.

   3.   In addition to the remedies and penalties described above, the City of Tucson shall have the authority to seek an injunction against any person or retail establishment violating the provisions of this section. In any action seeking an injunction, the city shall be entitled to collect its enforcement expenses, including forensic costs, law enforcement costs and reasonable attorney fees and costs incurred.

   4.   In addition to the remedies and penalties described above, for any retailer who is a licensee under Chapter 7, Article XIX of this Code relating to retail tobacco sales, violations of this section shall be a basis for the suspension of that license as follows:

   i.   The license of a licensee who violates this section on two (2) separate dates within a twelve (12) month period shall be suspended for a period of thirty (30) days.

   ii.   The license of a licensee who violates this section on three (3) separate dates within a twelve (12) month period shall be suspended for a period of twelve (12) months.

   License suspensions under this subsection shall be administered as provided in Section 7-436 of this Code. A licensee under Chapter 7, Article XIX shall be notified in writing within ten (10) days by the police department whenever an operator or employee of the licensee is cited for a violation of this section, and the license shall not be suspended in the absence of such notification.

   (d)   Seizure. Any product found to be displayed for sale or offered for sale in violation of this section constitutes a nuisance and is subject to seizure by law enforcement. Products subject to seizure under this section may be seized by a peace officer under the authority of a search warrant or upon probable cause to believe the product is subject to seizure as provided in this section.

   (e)   Injunctive relief. The City of Tucson shall have the authority to seek an injunction against any person or retail establishments violating the provisions of this section. In any action seeking an injunction, the city shall be entitled to collect its enforcement expenses, including forensic and laboratory costs, law enforcement costs and reasonable attorney fees and costs incurred.

   (f)   Defense. It shall be a defense to any prosecution under this section that a product is specifically exempted by, or regulated within and in compliance with, state or federal law. For the purposes of this section, it shall not be a defense that a product is not subject to regulation unless the product is specifically exempt from regulation; mere "nonregulation" without a specific regulatory exemption does not render a product exempt under this section.

(Ord. No. 11460, § 2, 5-23-17)

Secs. 11-74--11-87. Reserved.

ARTICLE III. SMOKING*

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*   Editors Note: Section 1 of Ord. No. 6384, adopted Feb. 3, 1986, changed the title of this article from "Nuisances" to "Smoking."

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Sec. 11-88. Reserved.

   Editors Note: Section 11-88 was repealed by § 2 of Ord. No. 6384. The provisions were reenacted by 4 as a new 11-67.

Sec. 11-89. Smoking prohibited in specified places, exceptions.

No person shall smoke or carry a lighted cigar, cigarette or pipe, or use a match or flame- producing device for lighting any of them in any of the following places and at the following times:

   (1)   Smoking means inhaling, exhaling, burning or carrying any lighted cigar, pipe, cigarette, weed, plant or other combustible substance, or any activated electronic smoking device as defined in section 7-427(a) of this Code, in any manner or in any form.

   (2)   Smoking is prohibited in any public vehicle, any area placarded as a "No Smoking" area, or an enclosed structure, such as, but not limited to, taxicabs, lobbies, hallways, restrooms, stairways, malls, stores, theaters, locker rooms, conference rooms and recreation rooms.

   (a)   Smoking will be permitted by performers when smoking is required by a script as an integral part of a performance.

   (b)   This article does not apply to places where smoking is regulated or prohibited by federal, state or county laws.

   (c)   This section includes structures under the control of the city.

   (d)   This article does not apply to bars, bowling alleys, pool halls, restaurants, retail tobacco stores, private homes, hotel and motel rooms rented to guests, hotel and motel conference or meeting rooms and public or private assembly rooms when used for private functions, or private vehicles. The exceptions of this provision do not apply if the area is placarded as "No Smoking."

   (3)   In designated areas of the workplace as defined and set forth herein.

   (a)   Purpose. Because smoking is a danger to health and is a cause of annoyance and discomfort to those who are present in smoky, confined spaces, the purpose of this section is to protect the public health and welfare by regulating smoking in the workplace.

   (b)   Definitions.

   (i)   Workplace means any enclosed area of a structure or portion thereof intended for occupancy by any business entity. "Workplace" includes but is not limited to offices, factories, retail stores, hospitals, libraries, and service establishments.

   (ii)   Employer means any person who employs the services of an individual person.

   (iii)   Employee means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit.

   (c)   Within ninety (90) days of the adoption of this section, each employer shall adopt, implement, and maintain a written policy regulating smoking by employees which shall contain at a minimum the following:

   (i)   Prohibition of smoking in employer conference and meeting rooms, classrooms, auditoriums, rest rooms, and hallways.

   (ii)   Provision and maintenance of a contiguous no-smoking area of not less than two-thirds of the seating capacity and floor space in cafeterias, lunchrooms, and employee lounges.

   (iii)   Any nonsmoking employee may object to his or her employer about smoke in his or her workplace. The employer shall attempt to reach a reasonable accommodation, using already available means of ventilation, separation or partition, insofar as possible, between the preferences of nonsmoking and smoking employees. However, an employer is not required by this subsection to make any expenditures for structural changes in the workplace.

   (iv)   If an accommodation which is satisfactory to all affected nonsmoking employees cannot be reached in any given workplace, the preference of nonsmoking employees shall prevail; and the employer shall prohibit smoking in that workplace.

   (v)   No employee shall be terminated or subject to disciplinary action solely as a result of his or her complaint about smoking in the workplace.

   (vi)   The smoking policy shall be communicated to all employees within three (3) weeks of its adoption.

   (d)   This subsection is not intended to regulate smoking in the following places:

   (i)   A private home.

   (ii)   An office occupied solely by a single smoker.

(Ord. No. 5890, § 1, 10-11-83; Ord. No. 7089, § 1, 11-14-88; Ord. No. 7202, § 1, 6-5-89; Ord. No. 11703, § 3, 10-22-19)

   Editors Note: Section 11-89(3), renumbered from § 11-89(4), was added as the result of an Initiative Special Election held Nov. 5, 1985, pursuant to a citizen-initiated measure--Initiative Petition No. 1985-I002. The amendment became effective on Nov. 12, 1985. The ninety days referred to in § 11-89(3)(c) is Feb. 10, 1986.

Sec. 11-90. Placarding required.

"No Smoking" signs with letters not less than one (1) inch in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle of not less than six (6) inches and with a red bar across it) shall be clearly, sufficiently and conspicuously posted at the entrance of every place where smoking is prohibited by section 11-89 by the owner, operator, manager or other person having control of such place.

(Ord. No. 5890, § 1, 10-11-83; Ord. No. 7089, § 1, 11-14-88; Ord. No. 7202, § 1, 6-5-89)

Sec. 11-91. Reserved.

   Editors Note: Section 11-91 was repealed by § 2 of Ord No. 6384. Section 4 reenacted the provisions as a new § 11-68.