HomeMy WebLinkAboutOrd 1179 Raising the minimum age to buy tobacco products
ORDINANCE 1179
AN ORDINANCE ESTABLISHING THE MINIMUM AGE FOR BUYING TOBACCO PRODUCTS IN THE CITY OF REXBURG AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; FIXING THE PENALTIES
FOR NON-COMPLIANCE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
BE IT ORDAINED by the Mayor and City Council of the City of Rexburg, Idaho:
SECTION I: PURPOSE – The purpose of Ordinance 1179 (Raising the Minimum age to buy tobacco products from 18 to 21) is to improve the health and economic consequences on our community
and to prevent addiction to tobacco products in our youth.
SECTION II: DEFINITIONS - “Tobacco product” means any product that is made from or derived from tobacco, and is intended for human consumption or is likely to be consumed, whether smoked,
heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, snus, or an electronic
smoking device. The term includes any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, or liquids used in electronic smoking
devices. Tobacco product does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal
Food, Drug and
Cosmetic Act.
“Electronic smoking device” means any device that can be used to deliver aerosolized or vaporized nicotine to the person inhaling from the device, including, but not limited to, an
E-cigarette, e-cigar, e-pipe, vape pen or e-hookah. Electronic smoking device includes any component, part, or accessory of such a device, whether or not sold separately, and includes
any substance intended to be aerosolized or vaporized during the use of the device. Electronic smoking device does not include drugs, devices, or combination products authorized for
sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
“Distribute” or “Distribution” means to furnish, give, provide, or to attempt to do so, whether gratuitously or for any type of compensation.
“Distributor” means a person who distributes a tobacco product.
“Recipient” means any person who obtains or attempts to obtain a tobacco product.
SECTION III: PENALTIES TO DISTRIBUTORS - It shall be unlawful for any person to distribute or provide any tobacco product, including electronic smoking devices, to any person under twenty-one
years of age. Any person found to have violated this ordinance shall be subject to a fine of no less than $300 for the first offense, no less than $600 for the second offense, and
no less than $1000 for each offense thereafter. Each violation, and every day in which a violation occurs, shall constitute a separate violation. In addition to any other penalty, a
licensee who violates any provision of this ordinance may be subject to license suspension, revocation, and/or non-renewal.
Before distributing any tobacco product, the distributor shall verify that the recipient is at least 21 years of age. Each distributor shall examine the recipient’s government-issued
photographic identification. No such verification is required for a person over the age of 30. That a recipient appeared to be 30 years of age or older, shall not constitute a defense
to a violation of this section.
Nothing in this section shall prohibit the City of Rexburg from initiating criminal proceedings for any alleged violation of this ordinance.
SECTION IV: PENALTIES TO RECIPIENT - The purchase or attempted purchase of any tobacco product by or on behalf of a person under the age of 21 is prohibited. Individuals under the age
of 21 who unlawfully purchase or attempt to purchase tobacco products may be subject to tobacco-related education classes, diversion programs, community service, or other penalties
that the City of Rexburg believes will be appropriate and effective.
SECTION V: SIGNAGE - No person shall sell or permit the sale of tobacco products in the City of Rexburg unless a clearly visible notice is posted at the location where tobacco products
are available for purchase stating “No person under the age of 21 may purchase tobacco products,” legibly printed in letters at least one-half inch high.
SECTION VI: ENFORCEMENT – The City of Rexburg or its authorized designee may conduct random, unannounced inspections at locations where tobacco products are distributed to test and ensure
compliance with this ordinance.
This ordinance shall take effect on March 1st, 2018.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR, this 3rd day of January, 2018.
______________________________
(SEAL) Jerry Merrill, Mayor
ATTEST:
___________________________
Blair D. Kay, City Clerk
STATE OF IDAHO)
) ss
County of Madison )
I, BLAIR D. KAY, City Clerk of the City of Rexburg, Idaho, do hereby certify: That the above and foregoing is a full, true and correct copy of the ordinance entitled:
AN ORDINANCE ESTABLISHING THE MINIMUM AGE FOR BUYING TOBACCO PRODUCTS IN THE CITY OF REXBURG AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; FIXING THE PENALTIES
FOR NON-COMPLIANCE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR this 3rd day of January, 2018.
________________________
Blair D. Kay, City Clerk
(SEAL)