The text
Sec. 10-21. - Findings.#
(a)
Cigarette smoking is dangerous to human health.
(b)
There exists scientific evidence that the use of tobacco products causes cancer, heart disease, and other medical disorders.
(c)
The surgeon general of the United States of America has declared that nicotine addiction from tobacco is the most widespread example of drug addiction in this country.
(d)
The National Institute on Drug Abuse concluded that the majority of the three hundred and twenty thousand Americans who die each year from cigarette smoking became addicted to nicotine as adolescents.
(e)
The National Institute on Drug Abuse found that cigarette smoking precedes and may be predictive of adolescent drug use.
(f)
The Rhode Island General Assembly in 1996 declared that the use of tobacco by state children is a health and substance abuse problem of the utmost severity.
(g)
State tobacco retailers illegally sell over 900,000 packs and over $2.5 million in tobacco sales to children annually, which equals 2,500 packs a day.
(h)
According to the Federal Centers for Disease Control and Prevention (CDC), smoking-related direct medical cost in the state in 1990 climbed to $186,000,000.00. This is a health and economic drain created by each new generation of children who begin using tobacco products and become addicted to nicotine.
(i)
The state department of health reports that the city was found to have a violation rate of 39 percent of all compliance checks of tobacco sales to minors. This rate being 70 percent higher than the state rate of 23 percent.
(j)
To improve the compliance rate among retailers in the city and inform unsuspecting parents of minor children who smoke, a program monitored by the city is required.
(Ord. No. O-00-17, § I, 5-11-00; Ord. No. O-00-25, 7-11-00)
Sec. 10-22. - Definitions.#
Advertising violation means any advertising of tobacco products which is on the outside of a place of business within one- half mile of any high school, junior high school, elementary school, nursery school, playground, or other youth recreational area located within the city.
Compliance check violation means any sale of tobacco products to and/or by a person who is less than 18 years of age.
Licensing offense means each and every time a compliance check violation or an advertising violation occurs.
Tobacco products means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.
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. No. O-00-17, § I, 5-11-00; Ord. No. O-00-25, § I, 7-11-00)
Sec. 10-23. - 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 city without having first obtained a tobacco dealer's license pursuant to this article. Such license shall be in addition to any other license required by state and/or federal law. Failure to obtain a license shall result in a fine of $250.00.
(Ord. No. O-00-17, § I, 5-11-00; Ord. No. O-00-25, § I, 7-11-00)
Sec. 10-24. - License application.#
Application for a license hereunder shall be made in writing to the board of public safety of the city.
Application for a license hereunder shall be granted for a term of three years. Licenses shall expire in the month of February and shall not be issued for a term longer than 36 months. All retailers holding a valid state license shall receive approval from the board for this license and no fee shall be required. Any individual, corporation, partnership, or other organization which had a previous license suspended or revoked by the city shall only be issued a new license after a full hearing and a majority vote in the affirmative of the board of public safety.
(Ord. No. O-00-17, § I, 5-11-00; Ord. No. O-00-25, § I, 7-11-00)
Sec. 10-25. - Prohibitions applicable to license holders and their employees and agents.#
(a)
A person that holds a license issued under this article, or an employee or agent of that person, is prohibited from selling, distributing or delivering any tobacco product to any individual that is under 18 years of age whether said tobacco product is sold to the individual in person or via a vending machine.
(b)
A person that holds a license issued under this article, or an employee or agent of that person, is prohibited from posting or displaying any means of advertising of tobacco products as defined in subsection 10-22 of this article.
(Ord. No. O-00-25, § I, 7-11-00)
Sec. 10-26. - Suspension or revocation of license; fines and costs.#
The city police department shall enforce this article. All holders of a tobacco dealer's license shall be subject to a compliance check at least twice a year, with violators being checked more frequently until two checks are completed without a violation.
If an alleged violation occurs, the city police department shall issue a citation that will require the holder of the tobacco dealer's license to appear in the city municipal court. If after a hearing, it has been proven by a preponderance of the evidence that a violation is found to have occurred, the city municipal court will impose a fine of $300.00 for the first licensing offense, $300.00 for the second licensing offense, $300.00 for the third licensing offense together with a 15 day suspension of the tobacco dealer's license, $300.00 together with a minimum 30 days, not to exceed 90 days, suspension of the tobacco dealer's license for the forth licensing offense, and $300.00 together with a minimum 60 days, not to exceed 120 days, suspension of the tobacco dealer's license for the fifth licensing offense. For the sixth licensing offense, the tobacco dealer's license shall be revoked. If a holder of a tobacco dealer's license maintains the tobacco dealer's license for 48 consecutive months without a violation, any new violation will be treated as the first offense. In addition to all fines, the city municipal court will impose court costs.
(Ord. No. O-00-17, § I, 5-11-00; Ord. No. O-00-25, § I, 7-11-00)
Sec. 10-27. - Use of premise during license suspension.#
During the period of any suspension of tobacco dealer's license, the holder of the suspended license shall remove all tobacco products from the shelves and secure them in a locked area for the duration of the suspension. If at any time during the suspension period, the license holder is found to be selling tobacco products, the license shall be revoked.
(Ord. No. O-00-17, § I, 5-11-00; Ord. No. O-00-25, § I, 7-11-00)
Sec. 10-28. - Vending machines.#
Businesses which have vending machines shall be subject to the same fines and penalties as described in section 10-26 of this article. Suspension of a tobacco dealer's license shall result in the vending machine being removed from the licensed location for the suspension period. Revocation will result in the permanent removal of the vending machine from the licensed location.
(Ord. No. O-00-17, § I, 5-11-00; Ord. No. O-00-25, § I, 7-11-00)