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HomeMy WebLinkAbout05658ORDINANCE NO. 5658 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE XI OF THE 1971 CODE OF ORDINANCES OF THE CITY OF PUEBLO BY THE ADDITION OF A NEW SECTION 208 THERETO PROHIBITING THE SALE OF TOBACCO PRO- DUCTS FROM VENDING MACHINES AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF WHEREAS, the City Council finds that the present prohibition of the sale of tobacco products to persons under the age of eighteen years has not been effective in preventing or discouraging such person from the use of tobacco products, and WHEREAS, the City Council finds that tobacco products sold through vending machines are easily accessible to persons under the age of eighteen years, and WHEREAS, the City Council finds that limitations on the sale of tobacco products through vending machines will promote the health, safety and welfare of people of the City of Pueblo, especially those under the age of eighteen years; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate material being deleted; underscoring indicates new material being added.) gPrTTr)M 1 Chapter 1 of Title XI of the 1971 Code of Ordinances of the City of Pueblo be amended by the addition of a new section 208 to read as follows: 11 -1 -208: TOBACCO VENDING MACHINES (1) It shall be unlawful for any person to sell or dispense cigarettes or other tobacco products through a vending machine or other coin operated machine, or to possess or maintain any vending machine or other coin operated machine containing cigarettes or other tobacco products within the Citv of Pueblo except: (A) on premises licensed under the Colorado Liquor Code or Colorado Beer Code for on premises consumption of alcoholic beverages or fermented malt beverages; (B) within private residences or private clubs; or (C) on other premises which are not legally open or generally accessible to persons under the age of eighteen years. (2) Violation of any provision of this section shall be a Class 2 municipal offense. (3) Nothing contained in this section shall be construed to permit the purchase, sale or furnishing of cigarettes or other tobacco products by or to any person under the age of eighteen years. RFrTTnN 2- This Ordinance shall become effective July 1, 1991. SECTION 3. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not effect the validity or constitutionality of the remaining portions of this Ordinance. INTRODUCED: January 14, 1991 ATTEST: r ty C erk By DR. GILBERT GARBISO Councilperson APPROV President of the City Co ncil JS 6.12 -2-