Item 5 - Second Reading Ordinance 444FROM: James L. Bowersox, City Ma~
Marjorie K. Wahlsten, Cit e
DATE: May 23, 1995
$~: Ordinance No. 444 - Second Reading
A TR
On May 9, 1995, the City Council introduced and had the first reading on No.
444 - "An Ordinance of the City of Poway, California, Adding Chapter 8.05 to Title 8 of
the Poway Municipal Code Relating to the Regulation of the Sale of Tobacco Products."
Staff recommends adoption.
E~ ~MENTAL
Not subject to CEQA.
I b IMPA
Previous staff report identified a possible loss of sales tax revenue from a decrease
in sales of tobacco products.
ADD1
Notice was published in the P( Chieftain prior to first reading of the
ordinance.
If the City Council desires to adopt, read title and waive further reading of the
Ordinance by vote. Pass motion closing public hearing and adopting {roll
call vote).
ACTION
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IIIAY g 3 1995 ITEM 5
I TY OF P OWAY
AGENDA REPORT
TO: Honorable Mayor and Members. o~f~,e City Council
FROM: James L. Bowersox, City Ma~
INITIATED BY: John D. Fitch, Assistan~ City~anagerC~
Marjorie K. Wahlsten, City Clerk U
DATE: May 23, 1995
SUBJECT: Ordinance No. 444 - Second Reading
BACKGROUND
n May g, 995, the City Council introduced and had the first reading on
rdinance 'o. 444 - "An Ordinance of the City of Poway, California, Adding
hapter 8. 5 to Title 8 of the Poway Municipal Code Relating to the Regulation of
he Sale o Tobacco Products." Staff recommends adoption.
It is in order to have the second reading and adopt this Ordinance.
FISCAL II, PACT
Previous staff report identified a possible loss of sales tax revenue from a
decrease in sales of tobacco products.
ENVIRO
Not subject to CEQA
TIONAm PUBLIC NOTIFICATION AND CORRESPONDEN(
Notice was published in the Powa News Chieftain prior to the first reading of
the Ordinance.
R£COMIqENDAT ION
If the City Council desires to adopt, read title and waive further reading of the
Ordinance by vote. Pass motion closing public hearing and adopting
{roll call vote).
Attachment:
1} Ordinance
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IYTAY 2 2 1995 ITEM
ORDINANCE NO. 444
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
ADDING CHAPTER 8.05 TO TITLE 8 OF THE POWAY MUNICIPAL COD[
RELATING TO THE REGULATION OF THE SALE OF TOBACCO PRODUCTS
WHEREAS, the City Council acknowledges that substantial scientific evidence
exists that shows a causal relationship between the use of tobacco products and
serious health conditions; and,
WHEREAS, the National Institute on Drug Abuse has concluded that nicotine
in tobacco products is a powerfully addictive drug which has been identified as
the most widespread example of drug dependence in the U.S.; and,
WHEREAS, nicotine found in tobacco products has been found to be as
addictive as cocaine and heroin; and
WHEREAS, The Surgeon General and the U.S. Department of Health and Human
Services have found that cigarettes and other tobacco products are easily
available from open stores and vending machines; and,
WHEREAS, the City Council finds and d that the adoption of this
ordinance is necessary to protect the public health, safety and welfare of
residents of the City of Poway; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Chapter 8 of the Poway Municipal Code is hereby amended to read
as follows:
REGULATION OF THE SALE OF TOBACCO PRODUCTS
Sections:
.0 urpos
.0 efini ions
rohib tions
on-Re aliation
ther pplicable Laws
iolat on, Enforcement and Penalties
The City Council does hereby find that substantial scientific
evidence exists that the use of tobacco products causes cancer, heart disease,
nd various other medical diseases. The Surgeon General of the U.S. has found
hat tobacco-c used diseases are the leading cause of premature, preventable
eath and disab lity in the U.S. The National Centers for Disease Control have
ound that at east four hundred thirty-four thousand (4 4,000) Americans die
ach year from obacco- aused diseases. The Surgeon Genera of the U.S, and the
.S. Department of Heal h and Human Services have found the majority of those
mertcans who die of obacco caused diseases became add c ed to nicotine in
obacco products as ado scents before the age of legal consen . Accordingly, the
~ity Council finds an declares tt in the public interes to: l) prohibit
self-service sales an self-service displays, racks and s elves of tobacco
products; 2) require he posting of warning signs at the point of purchase
of 6 I~AY S 3 1995 ITEM 5
Ordinance No,444
Page 2
stating the legal age of sale and that IdentiFication ts required to purchase
tobacco; 3) prohtbtt vending machine sales oF tobacco products; and 4.) require
all cigarettes, other tobacco or smoking products be sold in thetr original
packaging with all requtred health warnings.
For the purposes oF this chapter, the Following words are
defined:
A. "Business" means any sole proprietorship, Joint venture, corporation
or other business entity formed for profitmaking including retail
establishments where goods or services are sold as well as professional
and other entities where legal, medical, dental, engineering,
architectural or other professional services are delivered. B. "City" shall mean the City of Poway.
C. "Employee" means any person who is employed by any employer in
consideration for direct or indirect wages or profit, and any person who
volunteers his or her services for a non-profi entity.
D. "Minor" means any individual who is ess than eighteen years old.
E. "Non-profit Entity" means any corpora ion, unincorporated
or other entity created for charitable, philan hropic, educational, character-
building, political, social o o her similar purposes, the net proceeds from the
operations of which are con~ni te to the of the objectives or purposes
of the entity and not to pr va e gain. A public agency is not a "non-profit
entity" within the meaning o t is section.
F. "Person" shall mean any individual, partnership, cooperative
private corporation, personal representative, receiver, trustee,
assignee, or any other legal entity.
G. "Self-service merchandising" means open display of tobacco products and
point-of-sale tobacco-related promotional products that the public has access to
without the iht of an employee.
H. "Tobacco Pro uct" means any tobacco cigarette, cigar, pipe tobacco,
smokeless tobacco, snu- or any other form of tobacco which may be utilized for
smoking, chewing, inh ing or other manner of ingestion.
I. "Tobacco retailer" shall mean any person or governmental entity that
operates a store, stand, booth, or other place at which sales of
tobacco products are made to purchasers For consumption or use.
J. "Tobacco vending machine" means any electronic or mechanical device or
appliance the operation of which depends upon the insertion of money, whether in
coin or paper currency, or other things representative of value, which dispenses
or releases a tobacco product.
K. "Vendor-assisted" means only a store employee has access to the tobacco
product and assists the customer by supplying the product. The customer does not
take possession of the product until it is purchased.
A. No person or bu iness sha 1 en age in the sale f a tobacco roduct
without first posting a p airily vlsi les ~n at the point o purchase of obacco
products which states "TH SALE OF OBAC ~ PRODUCTS TO PE ONS UNO[R E GHTEEN
YEARS OF AGE IS PROHIBITED Y LAW. PH' TO I IS REQUIRED TO P CHASE TOSACC-". The
letters of the sign shall e at least one quarter inch (1/ ') high.
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Ordinance No. 444
Page 3
B, No person, business, tobacco retailer, or owner, manager or operator
of any establishment subject to this ordinance shall sell, offer to sell or
permit to be sold any tobacco product to an individual without requesting and
examining identification establishing the purchaser's age as eighteen years or
greater unless the seller has some reasonable basis for determining the buyer's
age.
¢. No person, business, tobacco retailer or other establishment shall sell
or offer for sale cigarettes or other tobacco or smoking products not in the
orig!nal packaging provided by the manufacturer and with all required health
D. It shall be unlawful for any person, business, or tobacco retailer to
sell, permit to be sold, offer for sale or display for sale any tobacco product
by means of self-service merchandising or by means other than vend ~
sales.
E. No person, business, or tobacco retailer shall locate, install, keep,
maintain or use, or permit the location, installation, keeping, or
use on his, her or its premises any tobacco vending machine for the purposes of
selling or distributing any tobacco product.
8.05.040 Non-Retaliation.
A. No person or employee shall discharge, refuse to hire or in any manner
retaliate against any empl yee or applican? for employment because such employee
or applicant agrees to ab de by the p of this ordinance.
B. No person shal intimidate Jr threaten any reprisal or effect any
reprisal for the purpose o retaliating against.another person because such other
person seeks to attain compliance with p of this chapter.
8.0~ Ot · A ic le[ ~. This article shall not be interpreted or
construed to permit tobacco vending machines and distribution of tobacco product
samples where they are otherwise restricted by other applicable laws.
8.05.060 ' ' and Pen~
A. Any person, business or tobacco retailer who violates any provision of
this chapter shall, upon thereof, be punished as specified in Section
1.08.010 of this Code.
B. The owner, operator or manager of any public place or place of
employment within the purview of this chapter shall comply herewith. Such owner,
operator or manager shall post or cause to be posted all signage required by this
chapter.
C. It shall be the responsibility of employers to disseminate information
concerning the provisions of this chapter to employees.
If any provision of this Ordinance or the application thereo
to any person or circumstances is held invalid that invalidity shall not affec
other provisions or applications of the act which can be given effects wtthou
the invalid provision or application and to this end the provision of this ac
are severable.
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Ordinance No. 444
Page 4
EFFECTIVE DATE: This ordinance shall take effect and be tn force thirty(30) days
after the date of passage; and before the expiration of fifteen (15) days after
its passage, tt shall be published once with the names and members voting for and
agatnst the same tn the a newspaper of general circulation
published in the City of Poway.
Introduced and fir t reed at a regular meettng of the City Council of the City
of Poway held the th day of April, 1995 and thereafter PASSED AND ADOPTED at
a regular meeting o the said City Council held the day of , 1995, by the
following roll cal vote:
AYES: COUNCILNEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
n H~g~ nson, ~yor
ATTEST:
~rjome I sten, !ty er
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