ARTICLE IX. CIGARETTE SALES

26-501 Penalties.

Violations of any provisions of this article herein adopted shall be deemed a municipal civil infraction, punishable by a fine of not less than $300.00, or more than $1,000.00; plus any costs, damages, expenses, and other sanctions. This article is further subject to the repeat offender provision of the Pontiac Municipal Code. This provision states that increased civil fines may be imposed for repeated violations by a person of any requirement or provision of this article. As used in this article, “repeat offense” means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision (i) committed by a person and (ii) for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this article shall be as follows:

(1)    The fine for any offense, which is a first repeat offense shall be no less than $500.00, plus costs.

(2)    The fine for any offense, which is a second repeat offense or any subsequent repeat offense shall be no less than $750.00, plus costs.

A violation includes any act prohibited or made or declared to be unlawful or an offense by this chapter or any ordinance and any omission or failure to act where the act is required by this chapter or any ordinance.

Further, each day on which any violation of this article continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense. In addition to any other remedies available at law, the city may bring in the local district court an injunction or other process against a person or company to restrain, prevent, or abate any violation of this article.

(Ord. No. 2147, § 1, 10-10-02)

26-502 Scope.

The regulations in this chapter related to the purchase, receipt, possession, offering for sale, or the sale or other disposition of tobacco products by merchants regarding such products. This provision shall apply to any sales of tobacco products in the City of Pontiac.

(Ord. No. 2147, § 1, 10-10-02)

26-503 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

ATF officer means an officer or employee of the Bureau of Alcohol, Tobacco, and Firearms (ATF) authorized to perform any function relating to the administration or enforcement of this article.

Dealer means any person who sells, or offers for sale, at wholesale or retail levels, any cigars or cigarettes after removal.

Enforcement officer means any officer sworn to enforce the codes of the City of Pontiac, Michigan, including but not limited to housing inspectors, licensing/zoning inspectors, Pontiac Police Officers, special service aides, and technical inspectors.

Manufacturer of tobacco products means any person who manufactures cigars, cigarettes, tobacco, smokeless tobacco, or roll-your-own tobacco but does not include:

(1)    A person who produces tobacco products solely for that person’s own consumption or use; or

(2)    A proprietor of a customs bonded manufacturing warehouse with respect to the operation of such warehouse.

Package means the container in which tobacco products are put up by the manufacturer or the importer and offered for delivery to the consumer.

Person means an individual, partnership, association, company, corporation, estate, or trust.

Removal or remove means the removal of tobacco products from the retail packages for sale to customers.

Single-sales of cigarettes means the routine of business or request of customer to purchase individual cigarettes or other tobacco related products.

Tobacco products means cigars, cigarettes, smokeless tobacco, pipe tobacco, and roll-your-own tobacco.

(Ord. No. 2147, § 1, 10-10-02)

26-504 Authority of enforcement officer.

Any enforcement officer may enter during normal operation of business any premises where tobacco products are kept or stored, as may be necessary for the examination of said products. The owner/manager of such premises, who refuses to admit an enforcement officer or permit to examine such products, shall be liable to the penalties prescribed by this article.

In accordance with the Code of Federal Regulations, Title 27—Alcohol, Tobacco Products and Firearms Chapter, Part 296, 27 CFR Parts 270 and 275, “Dealers cannot remove cigarettes or tobacco products from the original package for “single-sales,” however, a customer may request the dealer to remove cigarettes or tobacco products only in the customer’s presence once the customer has purchased said item(s). An example of “single-sales” not allowed: dealers are prohibited from selling loose cigarettes that have been removed from their packaging and placed in a container for sale or held in the packaging for “single-sales” to consumers”.

No owner, manager, employee, or person having superintendence shall sell or allow any employee(s) to offer for purchase “single-sales of cigarettes” within the city. Such action will be deemed a violation of this article subject to section 26-501, penalties, of the Municipal Code of Pontiac, Michigan.

(Ord. No. 2147, § 1, 10-10-02)

26-505 Tobacco sales to minors prohibited.

Any person who sells, gives, or furnishes any cigarette, cigar, chewing tobacco, tobacco snuff, or tobacco in any other form to a person under 18 years of age, or any person who sells cigarettes separately from a package at retail except in tobacco specialty retail stores, and if your store also sells alcohol, violations of the Youth Tobacco Act may lead to notification of the liquor control commission and additional fines.

(Ord. No. 2147, § 1, 10-10-02)

26-506—26-535 Reserved.

Editor’s note—Ord. No. 2234, § 1, adopted February 29, 2012, repealed § 26-506, which pertained to license required; exemption and derived from § 8-54 of the 1985 Code.