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HomeMy WebLinkAboutOrdinance No. 20211 ~v- COUNCIL ORDINANCE NUMBER 20211 COUNCIL BILL NUMBER 4746 AN ORDINANCE CONCERNING THE DISTRIBUTION, SALE, AND CONSUMPTION OF TOBACCO; AMENDING SECTIONS 3.005 AND 3.990 OF THE EUGENE CODE, 1971; ADDING SECTIONS 3.500, 3.505, 3.510 AND 3.515 TO THAT CODE; AND PROVIDING AN EFFECTIVE DATE. DATE SUBMITTED: September 25,2000 PASSED: 8/0 ABSENT: OPPOSED: REJECTED: ABSTAINED: DEFERRED TO: FIRST READING: September 25, 2000 SECOND READING: September 25, 2000 ORDINANCE NO. 20211 AN ORDINANCE CONCERNING THE DISTRIBUTION, SALE, AND CONSUMPTION OF TOBACCO; AMENDING SECTIONS 3.005 AND 3.990 OF THE EUGENE CODE, 1971; ADDING SECTIONS 3.500, 3.505, 3.510, AND 3.515 TO THAT CODE; AND PROVIDING AN EFFECTIVE DATE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 3.005 of the Eugene Code, 1971 is amended by adding the following caption and definitions for "Tobacco Products Retail Licenses" in alphabetical order under the Licensed Businesses provisions: 3.005 For the purposes of this chapter, the following words and phrases shall mean: Licensed Businesses Tobacco Products Retail Licenses. Minor. Any person under 18 years of age. Retailer. For purposes of sections 3.500 to 3.515 of this code, a retailer is a person or entity who sells, or offers for sale, merchandise to the general public. Self-service display. An open display of tobacco products to which the public has access without the intervention of a store employee. Tobacco product. Any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, chewing tobacco, or any other form of tobacco which may be utilized for smoking, chewing, inhalation, or other means of ingestion. Vendor-assisted sales. Sales in which a customer has no access to tobacco products without the assistance of a store employee and in which a customer does not take possession of the tobacco product until it is purchased. Section 2. The following caption and Sections 3.500, 3.505, 3.510, and 3.515 are added to the Eugene Code, 1971, to provide: Tobacco Products Retail Licenses 3.500 Tobacco Products Sales - License Required. No retailer shall sell tobacco products within the corporate limits of the city without having obtained a license pursuant to Ordinance - 1 sections 3.500 to 3.515 of this code for each location in which tobacco products are sold and where persons under the age of 21 years may have access to tobacco products. Except as these sections specifically provide to the contrary, the procedures and requirements of sections 3.015 to 3.075 of this code apply to the activities authorized by sections 3.500 to 3.515. 3.505 Tobacco Products Sales - Exempt Activities. Sections 3.500 to 3.515 of this code apply only to establishments to which persons under 21 years of age are admitted. 3.51 0 Tobacco Products Sales - Prohibitions. (1) Sales to Minors. No retailer shall sell or otherwise provide tobacco products to a minor. The prohibition of this subsection does not apply if the retailer is the custodial parent or guardian of the minor. (2) Non-vendor Assisted Sales. No retailer shall sell, permit to be sold, or offer for sale any tobacco product by means of self-service displays or any means other than vendor- assisted sales. (3) No Retaliation. No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer reports or attempts to prosecute any violation of sections 3.500 to 3.515 of this code. (4) Revocation or Suspension. In addition to penalties imposed under section 3.990 and in addition to a license revocation or suspension under sections 3.050 or 3.055 of this code: (a) Upon the judicial or administrative determination that the licensee has violated sections 3.505 to 3.515 of this code for a second time within a period of24 months, the licensee's tobacco products retailer license may be suspended for a period of not more than 45 days; (b) Upon the judicial or administrative determination that the licensee has violated sections 3.505 to 3.515 of this code for a third or subsequent time within a period of24 months, the licensee's tobacco products retailer license may be revoked, and the licensee may not reapply for a period of six months from the date of revocation; (c) Upon the failure of a licensee to pay a fine imposed for violation of sections 3.500 to 3.515 of this code within 30 days of the date the fine was imposed, the licensee's tobacco products retailer license shall be suspended until the fine is paid. Upon revocation or suspension of a tobacco products retailer license, no tobacco products shall be sold on, and all tobacco products shall be removed from all retail areas of, the licensee's premises for the duration of the revocation or suspension period. 3.515 Tobacco Products Sales - Administrative Rules. The city manager may adopt administrative rules pursuant to section 2.019 of this code, and establish fees pursuant to section 2.020 of this code in order to implement the provisions of sections 3.500 - 3.515. The rules shall include, but not be limited to: Ordinance - 2 (1) The form and content of licenses, which shall provide at a minimum information about the penalty schedule reflected in section 3.990(2) of this code for enhanced penalties for second and subsequent violations occurring within a 24 month period; and (2) A schedule of administrative civil penalties for violation of sections 3.500 to 3.510 of this code that considers factors that include, but are not limited to, the following: (a) The extent to which a violator has voluntarily provided for its employees, or otherwise participated in, any training program designed to prevent violations of sections 3.500 to 3.510 of this code; (b) The violator's cooperation and efforts to prevent or correct violations; ( c ) Any prior violations of the same ordinance or other similar statutes, ordinances, rules or orders; and ( d) Whether the violation was intentional, knowing, reckless or negligent. Section 3. Section 3.990 of the Eugene Code, 1971, is amended to provide: 3.990 Penalties - Specific. (1) Violation of section 3.500 is punishable by a fine not to exceed $500 for each day that the violation exists. (2) Violation of sections 3.510 to 3.515 is punishable by: (a) A fine not to exceed $200 for the first violation; (b) A fine not to exceed $350 for the second violation occurring within a period of 24 months from the date of the first violation; (c) A fine not to exceed $500 each for a third or subsequent violation occurring within a period of 24 months from the date of the first violation. (3) Violation of section 3.812 is punishable by a fine not to exceed $500 or confinement in j ail not to exceed 100 days, or both fine and imprisonment. Section 4. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Section 5. Pursuant to the provisions of the Eugene Charter of 1976, this Ordinance shall become effective 30 days after its passage by the City Council and approval by the Mayor except as Ordinance - 3 provided below. No citation for violation of Sections 3.500 to 3.515 of the Eugene Code, 1971 shall be issued, nor shall any administrative civil penalties be imposed for violation of any of those sections prior to July 1,2001, so long as the retailer of the tobacco products has applied for the license by March 1, 2001. Passed by the City Council this Approved by the Mayor this 25th day of September, 2000 25th tf -:i~ ~c~~ Ordinance - 4