HomeMy WebLinkAbout035 - 04/16/1991 - ADDING ARTICLE IV TO CITY CODE RELATING TO THE THE SALE OF TOBACCO PRODUCTS ORDINANCE NO. 35, 1991
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADDING ARTICLE IV TO CHAPTER 12 OF THE
CODE OF THE CITY OF FORT COLLINS RELATING
TO THE SALE OF TOBACCO PRODUCTS
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, nicotine in tobacco has been found to be a powerfully addictive
drug, and it is therefore important to prevent young people from using nicotine
until they are mature and capable of making an informed and rational decision;
and
WHEREAS, every day more than 3,000 minors begin smoking; and
WHEREAS, one-half of smokers begin before the age of 18 and 90 percent
begin before the age of 21 ; and
WHEREAS, the U. S. Department of Health and Human Services estimates that
approximately 16 percent of underage smokers use vending machines to purchase
their cigarettes; 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 (18) years of age.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
that Article IV is hereby added to Chapter 12 of the Code of the City of Fort
Collins to include Sections 12-75, 12-76 and 12-77 which Sections shall read as
follows:
ARTICLE IV. SALE OF TOBACCO PRODUCTS
Sec. 12-75. Definitions.
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section:
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.
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.
Sec. 12-76. 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 persons under eighteen
(18) years of age is prohibited or through a vending machine located
in a public place where the vending machine is under the direct
supervision of the owner of the establishment or of an adult
employee of the owner. "Under the direct supervision" shall mean
that the vending machine is in the plain view of the owner of the
establishment or of the owner's adult employee at all times during
which the public has access to the vending machine.
(d) If a person is permitted under paragraph (c) of this Section
to dispense tobacco products from a vending machine in a public
place because the vending machine is under the direct supervision
of the owner of the establishment or of an adult employee of the
owner, it shall be unlawful for such person to dispense any products
other than tobacco products from such a vending machine.
Sec. 12-77. Violations and penalties.
Each day that a person violates any provision of Section 12-76
shall be considered as a separate and distinct violation. Any
person who violates any provision of Section 12-76, upon conviction,
shall be subject to the penalties in Section 1-15 of this Code.
Introduced, considered favorably on first reading, and ordered published
this 19th day of March A.D. 1991 , and to be presented for final passage on the
16th day of April A.D. 1991 .
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ATTEST:
City Clerk
Passed and adopted on final reading this 16th day of April , A.D. 1991 .
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ATTEST:
City Clerk