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C'r>'■’C'i <br />C/ <br />REQUEST FOR COUNCIL ACTION <5» V <br />^S<O.v '*<5^ <br />Department Approval;Administrator Reviewed: <br />Date; November \^X991 <br />Item No: j (q <br />Agenda Section; <br />Name; <br />Title: <br />Gary Cheswick <br />Chief of Police <br />Item Description; Proposed Tobacco Ordinance <br />Exhibits; Draft City Ordinance <br />DlSCUSSm^^wing infonnalion is to provide Councii a model tobacco ordinance and policy <br />for consideration. <br />The U S Food and Drug Administration issued regulations govemmg the sale of tobacco. <br />Of oartilular importance is the FDA's prohibition on self-serve displays. The only exception <br />forLlf-service displays in establishments that do not allow minors on the premises. <br />The 1997 Legislature adopted a new law seeking to prevent the sale of tobacco to minors. <br />„ ,„b3cco. If cities do not do so, the county is <br />reouired to license such sales. a1 Sales of tobacco through vending machines IS prohibitea. <br />3 s“rce displays of cigarettes and smokeless tobacco are P™h.t«ted. «cept in <br />retail stores that derive at least 90% of their revenue from tobacco products and that do not <br />violations i prSte* must include notice and a hearing. Licensees who sell to minors or <br />vi “e sales Ltrictions am subject to the following administrative penalties: <br />a. first time: $75; <br />b. second time within 24 months; $200; and <br />c. third time within 24 months: $250, and at least a 7-day license <br />susPen'JJ"^.,j^.g„5ees ^^o make an illegal sale must be charged a $50 fine. <br />5 Licensing agencies are required to explore alternative penalties for minors. <br />6 Licen in! agencies are required to conduct compliance checks using minors to attempt <br />■ purcha^ng toba"cco*(''ftings''). This must be done with evety licensee at least once a <br />year.