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Home My WebLink About3151 Amending 6.42 Restricting Retail Sales of Tobacco Products & Inhalents ORDINANCE NO.3151 AN ORDINANCE AMENDING AMC 6.42 TO RESTRICT RETAIL SALES OF TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS TO PERSONS UNDER 21 YEARS OF AGE Annotated to show deletions-and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, until recently, the Oregon statute on Offenses Involving Tobacco, ORS 167.400 et seg., prohibited persons under 18 years of age from purchasing or possessing tobacco products, except in specified circumstances, and did not, specifically prohibit sales of tobacco products to persons under 21 years of age and did not address the sale of inhalant delivery systems; WHEREAS, Ashland Municipal Code Chapter 6.42, Tobacco Control, currently requires a license for retail sales of tobacco products, prohibits the sale of any tobacco product to a person under 18 years of age, and does not address the sale of inhalant delivery systems; WHEREAS, the Oregon statute on Offenses Involving Tobacco was amended recently to prohibit persons from knowingly distributing, selling, or allowing the sale of tobacco products or inhalant delivery systems to persons under 21 years of age; and WHEREAS, bringing the City's ordinance on licensure of retail sellers of tobacco products into compliance with current Oregon statutes would require amending the ordinance to prohibit sales of tobacco products and inhalant delivery systems to persons under the age of 21. THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 6.42 Tobacco Control of the Ashland Municipal Code is hereby amended to read as follows: Section 6.42.010 Purpose and Intent The purpose of this chapter is to provide measures of for controlling the access of tobacco products and inhalant delivery systems to adults only persons under the age of 21 by Ordinance No. Page 1 of 4 i licensing retailers of tobacco products. Section 6.42.020 Definitions For the purpose of this chapter the following definitions shall apply: A. "Employee" means any person who is employed by any employer in consideration of direct or indirect monetary wages or profit, and any person who volunteers his or her services to a non- profit entity. B. "Employer" means any person or entity who employs the services of one or more employees. C. "Inhalant delivery system" has the meaning given that term in ORS 431A.175. E D. "License" means a license issued under this chapter for the retail sale of tobacco products. B E. "Licensee" means the holder of a valid license for the retail sale of tobacco products. * "Minor" means any peFson under- 18 years of age-. F. "Self service display" means the open display of tobacco products to which the public has access without the assistance of a store employee. G. "Tobacco product" means any tobneeo eigarette, , pipe tobaeeo, smokeless , chewing tobneeo, or- any other form of tobacco whieh may be utilized for- smoldng, eh i , ingestion. inhalation, or other means of has the meaning given that term in ORS 431A.175. H. "Vendor assisted sale" means a sale where only the licensee or an employee of the licensee has access to the tobacco product or inhalant delivery systems and assists the customer by supplying the tobacco product or inhalant delivery systems and where the customer does not take possession of the tobacco product or inhalant delivery systems until after it is purchased. Section 6.42.030 License Requirement No person may sell tobacco products or inhalant delivery systems unless such person is a licensee or is employed by a licensee. A license is required for each location in which tobacco products or inhalant delivery systems are to be sold. All licenses shall be renewed annually on or before June 30 of each year. Section 6.42.040 License Fee No license shall be issued or continue to be valid unless the licensee has paid a fee, the amount of which is established by resolution of the city council, on or before June 30 of each year. Section 6.42.050 Non Transferability of License Licenses shall be non-transferable, except that a new license will be issued upon application to any licensee who changes the location of where tobacco products are sold. Section 6.42.060 Sales to Aliners Person Under 21 Years Of Age No person shall sell, make available or otherwise provide, any tobacco product or inhalant delivery system to a miner person under 21 years of age. Section 6.42.070 Vendor Assisted Sales No person shall sell, permit to be sold, offer for sale or make available or accessible any tobacco product or inhalant delivery system by means of a vending machine or self-service display or any means other than vendor assisted sales, except for-: in a store or other establishment that prohibits persons under 21 years of age from entering the store or establishment. Ordinance No. Page 2 of 4 A. Vending machine sales in > eoeli-tail lounges, industrial plants as defined in ORS motels. 308.408, hotels, and B. Smoke shops. For- purposes of this seetion, a smoke shop is a store that sells pr-imaFily store, the minor- * . rlied by the minor's parent. To qualify for- this exeeption, the smolke shop must post signs in the entering, signs stating "No MinoFs Permitted Unless with a " No store mity qualify as a smoke shop under- this seetion if the store is loeated on the some pr-e automobile serviee station, as defined in seetion 18.08.0754. Section 6.42.090 Non Retaliation No employer shall discharge, refuse to hire, or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer reports or attempts to prosecute any violation of this chapter. Section 6.42.100 Penalties A. Any person who violates any provision of this chapter shall be subject to a fine as a Class 1 violation Section 1.08.020 of the Ashland Municipal Code. Any violation of this section is a Class I violation, and may have the license issued under this Chapter suspended as follows: 1. In the case of a second violation within a two year period, the licensee shall be fined not less than $350.00 and the license suspended for 45 days. 2. In the case of three or more violations within a two year period, the licensee shall be fined $500.00 and the license revoked. Any person whose license has been revoked shall be ineligible to apply for a new license, at any location, for six months after the effective date of the revocation. B. Any person who violates section 6.42.030 shall be subject to a fine of $500.00 for each day a violation occurs. C. License suspensions are subject to appeal pursuant to AMC 2.30. SECTION 2. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code, and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered or re-lettered, provided however, that any Whereas clauses and boilerplate provisions (i. e., Sections Nos. 2-4) need not be codified, and the City Recorder is authorized to correct any cross-references and any typographical errors. Ordinance No. Page 3 of 4 The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the 1Qay of orti 2018, and duly PASSED and ADOPTED this day of rJor~ 2018. Melissa Huhtala, City Recorder SIGNED and APPROVED this ZDD -day of -Vf br 2018. o Stromberg, Mayor Re ewed as to fo avid H. Lo man. City Attorney Ordinance No. Page 4 of 4