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
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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.