Chapter 5.42
CIGARETTE AND TOBACCO DEALERS
Sections:
5.42.010 Legislative finding and declaration.
5.42.060 Prohibited sales, delivery – Signs – Sales in other than original packages.
5.42.070 Minimum age to sell tobacco products.
5.42.080 Purchase by minors prohibited.
5.42.090 Possession by minors prohibited.
5.42.100 Confiscation and destruction.
5.42.110 Certain free distributions prohibited.
5.42.120 Vending machines – Locking devices.
5.42.130 Responsibility for agents and employees.
5.42.140 Suspension – Revocation of license – Fines – Costs.
5.42.150 Use of premises after revocation.
5.42.010 Legislative finding and declaration.
A. The mayor and board of trustees expressly find and declare that:
1. Cigarette smoking is dangerous to human health;
2. There exists substantial scientific evidence that the use of tobacco products causes cancer, heart disease and various other medical disorders;
3. The Surgeon General of the United States has declared that nicotine addiction from tobacco is similar to addiction to cocaine, and is the most widespread example of drug dependence in this country;
4. The director of the National Institute on Drug Abuse concluded that the majority of the three hundred twenty thousand Americans who die each year from cigarette smoking became addicted to nicotine as adolescents before the age of legal consent;
5. The National Institute on Drug Abuse found that cigarette smoking precedes and may be predictive of adolescent illicit drug use; and
6. The present legislative scheme of prohibiting sales of tobacco products to persons under the age of eighteen has proven ineffective in preventing such persons from using tobacco products.
B. That the enactment of this chapter directly pertains to and is in furtherance of the health, welfare and safety of the residents of the village, particularly those residents under eighteen years of age. (Ord. 2000-35 § 1, 2000)
5.42.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them:
A. “Parents” means one or both of a minor’s natural parents, step-parent(s), legal guardian(s), or other responsible adult, institution or agency legally and principally responsible for the care, custody and control of the minor.
B. “Tobacco products” means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.
C. “Vending machine” means any mechanical, electric or electronic self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products. (Ord. 2000-35 § 1, 2000)
5.42.030 License required.
It shall be unlawful to sell or offer for sale at retail, to give away, deliver or to keep with the intention of selling at retail, giving away or delivering tobacco products within the village without having first obtained a tobacco dealer’s license therefor pursuant to this chapter. Such license shall be in addition to any other license required by this code. (Ord. 2000-35 § 1, 2000)
5.42.040 License application.
Application for a license hereunder shall be made in writing to the village clerk and shall be processed in accordance with the provisions of this code. (Ord. 2000-35 § 1, 2000)
5.42.050 License fee.
The license fee for a tobacco dealer’s license shall be one hundred forty dollars. (Ord. 2010-08A § 6, 2010; Ord. 2010-08 § 6, 2010; Ord. 2002-07 § 22, 2002; Ord. 2000-35 § 1, 2000)
5.42.060 Prohibited sales, delivery – Signs – Sales in other than original packages.
A. It shall be unlawful for any person, including any licensee, to sell, offer for sale, give away or deliver tobacco products to any person under the age of eighteen years.
B. Signs informing the public of the age restrictions provided for herein shall be posted by every licensee at or near every display of tobacco products and on or upon every vending machine which offers tobacco products for sale. Each such sign shall be plainly visible and shall state:
THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW.
C. It shall be unlawful to sell, offer for sale, give away, or display tobacco products for sale at any location where the consumer can acquire those products through self-service. All tobacco products will be displayed from behind a sales/service counter so that no consumer can access tobacco products without assistance by an employee of the license. This restriction shall not apply to customer self-service from vending machines as described in RMC 5.42.120.
D. No retail tobacco dealer, as licensed by the village under this chapter shall break or otherwise open any cigarette package to sell or distribute individual cigarettes or a number of unpackaged cigarettes that is smaller than the minimum cigarette package size of twenty cigarettes. (Ord. 2005-21, 2005; Ord. 2001-16 § 1, 2001; Ord. 2000-35 § 1, 2000)
5.42.070 Minimum age to sell tobacco products.
It shall be unlawful for any licensee or any officer, associate, member, representative, agent or employee of such licensee, to engage, employ or permit any person under eighteen years of age to sell tobacco products in any licensed premises. (Ord. 2000-35 § 1, 2000)
5.42.080 Purchase by minors prohibited.
It shall be unlawful for any person under the age of eighteen years to purchase tobacco products, or to misrepresent their identity or age, or to use any false or altered identification for the purpose of purchasing tobacco products. (Ord. 2000-35 § 1, 2000)
5.42.090 Possession by minors prohibited.
It shall be unlawful for any person under the age of eighteen years to possess any tobacco products; provided, that the possession by a person under the age of eighteen years under the direct supervision of the parent or guardian of such person in the privacy of the parent’s or guardian’s home shall not be prohibited. (Ord. 2000-35 § 1, 2000)
5.42.100 Confiscation and destruction.
Any tobacco product found to be unlawfully in possession by a minor shall be confiscated by a police officer or school official and either held as evidence or destroyed. (Ord. 2000-35 § 1, 2000)
5.42.110 Certain free distributions prohibited.
It shall be unlawful for any licensee or any person in the business of selling or otherwise distributing, promoting or advertising tobacco products, or any employee or agent of any such licensee or person, in the course of such licensee’s or person’s business, to distribute, give away or deliver tobacco products free of charge to any person on any right-of-way, park, playground or other property owned by the village, any school district, any park district or any public library. (Ord. 2000-35 § 1, 2000)
5.42.120 Vending machines – Locking devices.
A. It shall be unlawful for any licensee to sell or offer for sale, give away, deliver or to keep with the intention of selling, giving away or delivering tobacco products by use of a vending machine, unless such vending machine is equipped with a manual, electric or electronic locking device controlled by the licensee so as to prevent its operation by persons under the age of eighteen years.
B. Any premises where access by persons under the age of eighteen years is prohibited by law, or premises where the public is generally not permitted and where vending machines are strictly for the use of employees of businesses located at such premises, shall be exempt from the requirements of subsection A of this section. (Ord. 2000-35 § 1, 2000)
5.42.130 Responsibility for agents and employees.
Every act or omission of whatsoever nature, constituting a violation of any of the provisions of this chapter by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of such licensee; and such licensee shall be punishable in the same manner as if such act or omission had been done or omitted by the licensee personally. (Ord. 2000-35 § 1, 2000)
5.42.140 Suspension – Revocation of license – Fines – Costs.
A. The mayor shall be charged with the administration of this chapter. The mayor may suspend or revoke any license issued under the provisions of this chapter, if he determines that the licensee has violated any of the provisions of this chapter. In lieu of suspension or revocation of a license, the mayor may instead levy a fine on the licensee. The fine imposed shall not exceed seven hundred fifty dollars for each violation. Each day on which a violation continues shall constitute a separate violation.
B. However, no such license shall be suspended or revoked and no licensee shall be fined except after a public hearing by the mayor or his designee with a seven-day written notice to the licensee affording the licensee an opportunity to appear and defend against the charges contained in such notice. The seven-day notice provisions shall begin the day following delivery by certified mail or by personal service.
C. The mayor shall within seven days after such hearing, or after receiving a recommendation from the mayor’s designee who acted for the mayor in the public hearing, if he determines after such hearing that the license should be revoked or suspended, or that the licensee should be fined, state the reason for such determination in a written order and either the amount of the fine, the period of suspension or that the license has been revoked and serve a copy of such order within the seven days upon the licensee.
D. Any licensee determined by the mayor to have violated any of the provisions of this chapter shall pay to the village the costs of the hearing before the mayor on such violation. The mayor shall determine the costs incurred by the village for said hearing, including, but not limited to: court reporter’s fees, the costs of transcripts or records, attorneys’ fees, the cost of preparing and mailing notices and orders and all other miscellaneous expenses incurred by the village or such lesser sum as the mayor may allow.
E. The licensee shall pay said costs to the village within thirty days of notification of the costs by the mayor. Failure to pay said costs within thirty days of notification is a violation of this chapter any may be cause for license suspension or revocation, or the levy of a fine.
F. Any person who violates RMC 5.42.060, 5.42.070 and/or 5.42.110 shall pay a fine of fifty dollars for a first offense and a fine of one hundred dollars for any second or subsequent violation.
G. Any minor who violates RMC 5.42.080 and/or 5.42.090 shall be issued a written police warning citation and his/her parents notified for a first offense, shall be fined fifty dollars and parents notified for a second offense and fined one hundred dollars and parents notified for third and subsequent offenses. (Ord. 2000-35 § 1, 2000)
5.42.150 Use of premises after revocation.
When any license shall have been revoked for any cause, no license shall be granted to said licensee for the period of six months thereafter for the conduct of the business of selling tobacco products as defined in RMC 5.42.030 in the premises described in such revoked license. (Ord. 2000-35 § 1, 2000)