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HomeMy WebLinkAbout07834AS AMENDED: July 14, 2008 ORDINANCE NO. 7834 AN ORDINANCE AMENDING SECTION 11 -1 -209 OF THE PUEBLO MUNICIPAL CODE RELATING TO THE SALE, POSSESSION AND USE OF TOBACCO PRODUCTS BY MINORS AND THE PRESENCE OF MINORS ON THE PREMISES OF RETAIL TOBACCO STORES, AND PROVIDING PENALTIES FOR VIOLATION THEREOF WHEREAS, retail tobacco stores are exempt from provisions of the Pueblo Smoke -Free Air Act of 2002 and smoking is allowed in retail tobacco stores, and WHEREAS, a retail tobacco store is primarily engaged in the sale of tobacco products and accessories, and WHEREAS, pursuant to Section 11 -1 -209, Pueblo Municipal Code, it is unlawful for any person under eighteen (18) years of age to possess, consume or use tobacco products and for any person to furnish to any minor by gift, sale or other means, any tobacco product, and WHEREAS, it would be consistent with the provisions of said Section 11 -1 -209 and in furtherance of the purpose of the Pueblo Smoke -Free Air Act of 2002 to prohibit minors from being on the premises of a retail tobacco store. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (bracketing indicates matter deleted, underscoring indicates matter added) SECTION 1 Section 11 -1 -209 of the Pueblo Municipal Code is hereby amended by the addition of the following new subsections (g), (h) and (i): Lcjj Notwithstanding the provisions of this section above, it shall be unlawful and a Class 2 municipal offense for a person under eighteen (18) years of age to be admitted to or be on the premises of a retail tobacco store as defined in Section 7 -6 -3(15) of this Code when the retail tobacco store is open for business. u The owner, operator, manager or other person who controls a retail tobacco store shall display a warning sign as specified in this subsection N. The warning sign shall be displayed in a prominent place in the retail tobacco store at all times, shall have a minimum height of three (3) inches and a width of six (6) inches, and shall read as follows: WARNING IT IS ILLEGAL FOR ANY PERSON UNDER EIGHTEEN YEARS OF AGE TO BE ON THE PREMISES OF THIS RETAIL TOBACCO STORE AND, UPON CONVICTION, A $300.00 FINE MAY BE IMPOSED. (i) The owner, operator, manager or other person who controls a retail tobacco store shall display a sign as specified in this subsection M. The sign shall be displayed in a prominent place in the retail tobacco store at all times, shall have a minimum height of three (3) inches and a width of six (6) inches, and shall read as follows: SURGEON GENERAL'S WARNING SMOKING CAN CAUSE LUNG CANCER, HEART DISEASE, EMPHYSEMA, AND MAY COMPLICATE PREGNANCY SECTION 2 If any provision of this Ordinance is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the other provisions of this Ordinance, which shall remain in force and effect. SECTION 3 This Ordinance shall become effective upon final passage and approval. INTRODUCED: June 23, 2008 BY: Vera Ortegon COUNCILPERSON I A 'vkwAtcl 7 - ► 4 _09 I , D 0 �l v Background Paper for Proposed ORDINANCE AGENDA ITEM # t 3 1 DATE: June 23, 2008 DEPARTMENT: Law Department TITLE AN ORDINANCE AMENDING SECTION 11 -1 -209 OF THE PUEBLO MUNICIPAL CODE RELATING TO THE SALE, POSSESSION AND USE OF TOBACCO PRODUCTS BY MINORS AND THE PRESENCE OF MINORS ON THE PREMISES OF RETAILTOBACCO STORES, AND PROVIDING PENALTIES FOR VIOLATION THEREOF ISSUE Should the City Council enact an Ordinance making it illegal for a minor to be on the premises of a retail tobacco store? RECOMMENDATION This ordinance has been recommended by Councilperson Judy P. Weaver. BACKGROUND Retail tobacco stores are primarily engaged in the sale of tobacco products and accessories and exempt from the provisions of the Pueblo Smoke -Free Air Act of 2002. Smoking is allowed in retail tobacco stores. It is illegal to furnish, sell or give tobacco products to minors (persons under 18 years of age) or for a minor to possess, consume or use tobacco products. It is consistent with such laws and the purpose of the Pueblo Smoke -Free AirAct of 2002 to prohibit minors from being on the premises of a retail tobacco store not only to further implement the proscription of minors possession or use of tobacco products but also to protect them from second -hand smoke. FINANCIAL IMPACT None.