HomeMy WebLinkAboutOrd 1179 Raising the minimum age to buy tobacco products
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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
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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.
______________________________
(((SSSEEEAAALLL))) 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
(((SSSEEEAAALLL)))