HomeMy WebLinkAbout007 - 02/18/1997 - AMENDING CITY CODE PERTAINING TO SALE OF TOBACCO PRODUCTS AND USE BY MINORS ORDINANCE NO. 7, 1997
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING AND ADDING SECTIONS TO ARTICLE V OF CHAPTER 12
OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO THE
SALE OF TOBACCO PRODUCTS AND THE USE OF TOBACCO
PRODUCTS BY MINORS
WHEREAS, there exists substantial scientific evidence that the use of tobacco products
causes cancer, heart disease and other medical disorders; and
WHEREAS, tobacco use is the largest preventable cause of illness and premature death in
the United States and is associated with the unnecessary deaths of over 390,000 Americans annually;
and
WHEREAS, tobacco has been found by the United States Surgeon General to be a
powerfully addictive drug, and it is therefore important to prevent young people from having access
to and using nicotine until they are mature and capable of making an informed and rational decision;
and
WHEREAS, everyday more than 3,000 minors begin smoking; and
WHEREAS, Colorado law currently prohibits adults from furnishing tobacco products to
minors by sale or otherwise; and
WHEREAS,Colorado law also currently prohibits minors from purchasing tobacco products;
and
WHEREAS, Colorado law does not currently prohibit possession and use of tobacco
products by minors; and
WHEREAS, C.R.S. §25-14-105 authorizes municipalities to adopt ordinances regulating
smoking; and
WHEREAS, C.R.S. §18-13-121(3) authorizes municipalities to impose requirements
regarding the furnishing of tobacco products to minors and regarding the purchase of tobacco
products by minors, which are more stringent than those provided by state law; and
WHEREAS,the Council of the City of Fort Collins hereby finds that this Ordinance pertains
to and is in furtherance of the health, safety and welfare of the residents of the City of Fort Collins,
particularly those residents under eighteen years of age.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS,that Article V of Chapter 12 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Section 1. That Section 12-96 is hereby amended to read as follows:
ARTICLE V. SALE AND USE OF TOBACCO PRODUCTS
Sec. 12-96. Definitions.
The following words,terms and phrases, when used in this Article, shall have the
meanings ascribed to them in this Section:
Minor shall mean any natural person who is under eighteen (18) years of age.
Public place shall mean any area or premises open to the public, including, but not
limited to,restaurants,retail stores,laundromats,theaters,banks,public conveyances,
educational facilities, recreational facilities, hospitals, nursing homes, auditoriums,
arenas, malls, meeting rooms, bars, taverns. hotels, motels, grocery stores,
convenience stores, gas stations, department stores and office buildings.
Smoking shall mean the holding or carrying of a lighted pipe, lighted cigar, or
lighted cigarette of any kind and includes the lighting of a pipe, cigar, or cigarette of
any kind.
Tobacco products shall mean any substance containing tobacco leaf, including, but
not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, smokeless
tobacco and dipping tobacco.
Vending machine shall mean any mechanical, electrical or electronic self-service
device which, upon insertion of money, tokens or any other form of payment,
dispenses products.
Section 2. That Section 12-97 of the Code of the City of Fort Collins shall be amended
by amending paragraphs(a)and(b)and by the addition of paragraphs(e)and(f),which amendments
and additions shall read as follows:
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Sec. 12-97. Sale of tobacco products.
(a) No person shall sell, offer for sale, distribute, dispense or give away tobacco
products in a public place by or from a vending machine.
(b) No person shall permit a vending machine that dispenses tobacco products
to be located, installed, kept or maintained in any public place owned or leased by
such person.
(c) Notwithstanding the provisions of paragraphs (a) and (b) of this Section,
tobacco products may be sold through a vending machine located in a public place
where access by minors is prohibited.
(d) No person shall furnish to a minor, by gift, sale or any other means, any
tobacco product. It shall be an affirmative defense to prosecution under this
paragraph, however, that the person furnishing the tobacco product to the minor was
presented with and reasonably relied upon a document which identified the minor
receiving the product as being eighteen (18) years of age or older.
(e) Every person in charge or control of a retail business of any kind shall stock
and display all tobacco products in such business in a manner so as to make all such
tobacco products reasonably inaccessible to customers, thereby requiring a direct,
face-to-face exchange of the tobacco product from an employee of the business to the
customer. The foregoing sentence shall not go into effect until September 1, 1997.
The provisions of this paragraph shall not apply to vending machines and to self-
service displays of tobacco products that are located in a public place where access
by minors is prohibited.
(f) Any person who sells or offers for sale at retail any tobacco product,
including by means of a vending machine, shall display a warning sign as specified
in this paragraph. If the tobacco product is sold or offered for sale by use of a
vending machine, said warning sign shall be displayed visibly and prominently on
the front of the vending machine at all times. If the tobacco product is sold or being
offered for sale in any other manner, said warning sign shall be displayed in the
premises at all times in a visible and prominent place within close proximity to the
point of sale of the tobacco product. Such warning sign, whether displayed on a
vending machine or otherwise, shall have a minimum height of five (5) inches and
a minimum width of seven (7) inches, and in large, bold type shall read as follows:
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WARNING
IT IS ILLEGAL FOR ANY PERSON UNDER 18 YEARS OF AGE
TO PURCHASE, POSSESS OR USE TOBACCO PRODUCTS
AND, UPON CONVICTION, A FINE MAY BE IMPOSED.
IT IS ILLEGAL FOR ANY PERSON TO SELL OR GIVE
TOBACCO PRODUCTS TO A PERSON UNDER 18 YEARS OF
AGE AND, UPON CONVICTION, A FINE AND
IMPRISONMENT MAY BE IMPOSED.
Section 3. That the existing Section 12-98 be renumbered to Section 12-99 and that a
new Section 12-98 be added to Article V to read as follows:
Sec. 12-98. Minors prohibited from purchasing, possessing or using tobacco
products.
(a) No minor shall purchase,possess, consume, or use any tobacco product. For
purposes of this paragraph, to possess a tobacco product shall mean that the minor
has or holds any amount of tobacco product anywhere on his or her person, or owns
or has custody of a tobacco product, or has a tobacco product within his or her
immediate presence and control. To consume or use a tobacco product shall mean,
for purposes of this paragraph,to smoke, ingest, absorb, inhale or chew any tobacco
product.
(b) No minor shall obtain or attempt to obtain any tobacco product by
misrepresentation of age or by any other method.
Section 4. That the existing Section 12-98, renumbered as Section 12-99, shall be
amended to read as follows:
Sec. 12-99. Violations, penalties, presumptions and accountability.
(a) Each day that a person violates any section of this Article V shall be
considered as a separate and distinct violation.
(b) Any person who violates any section of this Article V shall,upon conviction,
be subject to the penalties in § 1-15 of this Code; provided, however, that a fine of
at least one hundred dollars ($100) shall be imposed for any violation of Section 12-
97(d). In addition, the Municipal Court Judge may require any minor convicted of
a violation under Section 12-98 to complete up to twenty-four (24) hours of court-
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approved public service and at such cost to the minor as may be established by
resolution of the City Council.
(c) Proof that a package or container has affixed to it a label which identifies the
package or container as containing a tobacco product shall raise the evidentiary
presumption and constitute prima facie evidence in any prosecution of a violation
under any section of this Article V of the fact that the substance within such package
or container at the time of the violation was a tobacco product. Such presumption,
however,may be rebutted by the presentation at trial of any probative and competent
evidence that the substance within the package or container was not a tobacco
product.
(d) Proof that Section 12-97(d)has been violated three (3)times or more within
a one-year period by one or more employees at a particular location of a retail
business that sells or offers for sale tobacco products, shall raise the evidentiary
presumption and constitute prima facie evidence in any prosecution of the owner or
manager of such business under Section 12-97(d), that such owner or manager, with
intent to promote or facilitate the violation, aided, abetted or advised the employee
in planning or committing the third and subsequent violations of Section 12-97(d)
within such one-year period or, in the case where the owner of the business is a
corporation, that the conduct constituting the third and subsequent violations was
engaged in, authorized, solicited, requested, commanded, or knowingly tolerated by
the corporate owner's board of directors or by a high managerial agent acting within
the scope of his or her employment on behalf of the corporate owner. For purposes
of this Section, high managerial agent shall mean an officer of the corporate owner
or any other employee of the corporate owner in a position of comparable authority
with respect to the formulation of corporate policy or the supervision in a managerial
capacity of subordinate employees. These presumptions shall not arise with respect
to an owner who did not own or a manager who did not manage such business for
any period of time within the one-year period during which the three or more
violations of Section 12-97(d)occurred. Further,these presumptions may be rebutted
at trial by the presentation of any probative and competent evidence.
(e) The provisions of Sections 17-4, 17-5 and 17-6 of this Code shall be
applicable to all violations under this Article V.
Section 5. Severability. If any word, clause, sentence, paragraph or other part of this
Ordinance shall be judged by any court of competent jurisdiction to be invalid, such judgment shall
not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the
word, clause, sentence,paragraph or other part thereof, directly involved in the controversy in which
such judgment shall have been rendered.
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Introduced, considered favorably on first reading, and ordered published this 21st day of
January, A.D. 1997, and to be presented for final passage on the; &E day of Februaraf 13 1997.
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ayor
ATTEST:
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City Clerk
Passed and adopted on final reading this 18th day off ebruary, A.D. 1997 '
Mayor
ATTEST: f
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City Clerk
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