HomeMy WebLinkAbout3274 Amending AMC 6.42 Tobacco Control to Reflect State Changes and Administer Fees by Resolution ORDINANCE NO. 3274
AN ORDINANCE UPDATING AMC CHAPTER 6.42 - TOBACCO CONTROL—TO
REFLECT STATE CHANGES IN TOBACCO RETAIL LICENSING AND
ADMINISTER FEES BY RESOLUTION
Annotated to show deletions and additions to the Ashland Municipal 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 fily. 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, Senate Bill 587 requires Oregon retailers selling cigarettes, tobacco, and/or
inhalant delivery system products to obtain a license to sell these products beginning January 1,
2022. This ordinance is an update to reflect that legislative change regarding tobacco retail
licensing.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1.
6.42.010 Purpose and Intent
The purpose of this chapter is to provide measures for controlling the access of tobacco products
and inhalant delivery systems to persons under the age of 21 by licensing retailers of tobacco
products.
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
nonprofit 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.
ORDINANCE NO. 3274 Page 1 of 3
D. "License"for the retail sale of tobacco products means a license issued under State
Tobacco Retail Licensing requirements this ehapte .
E. "Licensee"means the holder of a valid license for the retail sale of tobacco products.
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'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.
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 under State
Tobacco Retail Licensing requirements
6.42.040 License Fee
No license shall be issued or continue to be valid unless the licensee has complied with State
Tobacco Retail Licensing requirement
resolution of the City C-evaell,on or-before June 30 of each yean
6.42.050 Nontransferability of License
Licenses shall be nontransferable, except that a new license will be issued upon application to
any licensee who changes the location of where tobacco products are sold.
6.42.060 Sales to Person Under 21 Years Of Age
No person shall sell,make available or otherwise provide, any tobacco product or inhalant
delivery system to a person under 21 years of age.
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 in a store or other establishment that prohibits
persons under 21 years of age from entering the store or establishment.
6.42.090 Nonretaliation
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.
6.42.100 Penalties
ORDINANCE NO. 3274 Page 2 of 3
A. Any person who violates any provision of this chapter is subject any to fees as set forth by
resolution.Appeals are subject to AMC 2.30.
less than $350.00 and the Beense suspended for-45 days-.
'1 v thin a two year-r.eFlod the lii.nwcee c.A.,ll he
�rza-ca�casc-v�rcaa cc-vr-mvrc-�-ivm�vaTrim-�crmv-fcarper:vcrca�acca�ccvu-�a-ir-vc
ineligible to apply for-n-nem; > at any loeation,
foF six months after-the effeetWe date
of the ipevoeation.
B. Amy per-son who violates AMC 6.42.030 shall be subject to a fine of S500.00 for- each
C. License-suspensions-are subject to appeal to AMC 2.30:
SECTION 2. Severability. Each section of this ordinance, and any part thereof, is severable,
and if any part of this ordinance is held invalid by a court of competent jurisdiction,the
remainder of this ordinance shall remain in full force and effect.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word"ordinance"may be changed to "code", "article", "section", "chapter"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 3-5)need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X, Section
2(C) of the City Charter on the _day of , 2025, and duly
PASSED and ADOPTED this _day of 12 e 6 � -A-&�, 2025.
PASSED by the City Council this day of p����iYi�J� , 2025.
ATTEST: A 6 A"d/-V �
1 X4 4Y 4 vt4
Alissa Ko odzinski, City Recorder
SIGNED and APPROVED this_ day of Deb e,,MZ a ,2025.
lri7io-- &��= —.
Tonya G am,Mayor
Re ' e o fo
o P' , Ci orney
INANCE NO. 3274 Page 3 of 3