HomeMy WebLinkAboutOrdinance No. 1513
ORDINANCE NO. 1513
BEING AN ORDINANCE AMENDING
CHAPTER 5, SECTIONS 5.306, 5.307 AND 5.308
OF THE CITY CODE
OF THE CITY OF COLUMBIA HEIGHTS
PERTAINING TO "TOBACCO REGULATIONS"
The City of Columbia Heights does ordain:
Chapter 5, Sections 5.306, 5.307 and 5.308, of the Code of Ordinances ofthe City of
Columbia Heights which currently read as follows, to wit:
~ 5.306 PROHIBITED SALES.
It shall be a violation of this article for any person, or employee or responsible
party, to sell or offer to sell any tobacco, tobacco product, or tobacco related device:
(A) To any person under the age of 18 years.
(B) By means of any type of vending machine.
(C) By means of self-service methods whereby the customer does not need to
make a verbal or written request to an employee of the licensed premise in order to
receive the tobacco, tobacco product, or tobacco related device and whereby there is not a
physical exchange of the tobacco, tobacco product, or tobacco related device between the
licensee, or the licensee's employee, and the customer.
(D) By means ofloosies as defined in S 5.302.
(E) Containing opium, morphine, jimpson weed, bell a donna, strychnos,
cocaine, marijuana, or other deleterious, hallucinogenic, toxic or controlled substances
except nicotine and other substances found naturally in tobacco or added as part of an
otherwise lawful manufacturing process. It is not the intention of this provision to ban
the sale of lawfully manufactured cigarettes or other tobacco products.
(F) By any other means, to any other person, or in any other manner or form
prohibited by federal, state or other local law, ordinance provision, or other regulation.
(Ord.1371,passed5-11-98) Penalty, sees 5.313
~ 5.307 VENDING MACHINES.
It shall be unlawful for any person licensed under this article to ailow the sale of
tobacco, tobacco products, or tobacco related devices by the means of a vending machine.
(Ord. 1371, passed 5-11-98) Penalty, see S 5.313
~ 5.308 SELF-SERVICE SALES.
It shall be unlawful for a licensee under this article to allow the sale of tobacco,
tobacco products, or tobacco related devices by any means where by the customer may
have access to such items without having to request the item from the licensee or the
licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco
product, or the tobacco related device between the licensee or his clerk and the customer.
All tobacco, tobacco products, and tobacco related devices shall either be stored behind a
counter or other area not freely accessible to customers, or in a case or other storage unit
not left open and accessible to the general public. Any retailer selling tobacco, tobacco
products, or tobacco related devices at the time this article is adopted shall comply with
this section within 90 days following the effective date of this article.
(Ord. 1371, passed 5-11-98) Penalty, see S 5.313
SHALL BE AMENDED TO READ:
~ 5.306 PROHIBITED SALES.
It shall be a violation of this article for any person, or employee or responsible
party, to sell or offer to sell any tobacco, tobacco product, or tobacco rclatcd dcvice:
(A) To any person under the age of 18 years.
(B) By means of any type of vending machine.
(C) By means of self-service methods whereby the customer does not need to
make a verbal or written request to an employee of the licensed premise in order to
receive the tobacco, tobacco product, or tobacco related device and whereby there is not a
physical exchange of the tobacco, tobacco product, or tobacco related device between the
licensee, or the licensee's employee, and the customer. This subdivision shall not apply
to retail stores which derive at least ninety percent (90%) of their revenue from tobacco
and tobacco related products and which cannot be entered at any time by persons younger
than 18 years of age.
(D) By means ofloosies as defined in S 5.302.
(E) Containing opium, morphine, jimpson weed, bella donna, strychnos,
cocaine, marijuana, or other deleterious, hallucinogenic, toxic or controlled substances
except nicotine and other substances found naturally in tobacco or added as part of an
otherwise lawful manufacturing process. It is not the intention of this provision to ban
the sale of lawfully manufactured cigarettes or other tobacco products.
(F) By any other means, to any other person, or in any other manner or form
prohibited by federal, state or other local law, ordinance provision, or other regulation.
(Ord. 1371, passed 5-11-98) Penalty, see S 5.313
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~ 5.307 VENDING MACHINES.
It shall be unlawful for any person licensed under this article to allow the sale of
tobacco, tobacco products, or tobacco related devices by the means of a vending machine.
This subdivision does not apply to vending machines in facilities that cannot be entered at
any time by persons younger than 18 years. of age.
(Ord. 1371, passed 5-11-98) Penalty, see 9 5.313
~ 5.308 SELF-SERVICE SALES.
It shall be unlawful for a licensee under this article to allow the sale of tobacco,
tobacco products, or tobacco related devices by any means where by the customer may
have access to such items without having to request the item from the licensee or the
licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco
product, or the tobacco related device between the licensee or his clerk and the customer.
All tobacco, tobacco products, and tobacco related devices shall either be stored behind a
counter or other area not freely accessible to customers, or in a case or other storage unit
not left open and accessible to the general public. Any retailer selling tobacco, tobacco
products, or tobacco related devices at the time this article is adopted shall comply with
this section within 90 days following the effective date of this article. This subdivision
shall not apply to retail stores which derive at least eighty percent (80%) of their revenue
from tobacco and tobacco related products and which cannot be entered at any time by
persons younger than 18 years of age.
First Reading:
Second Reading:
Date of Passage:
September 11, 2006
September 25, 2006
September 25, 2006
Offered by:
Seconded by:
Roll Call:
Kelzenberg
Williams
Ayes: Peterson, Williams, Nawrocki, Diehm, Kelzenberg
Attest:
)
,/;J LLtru..-6_Al-- \""~"'-'~fJ-:t:::
;,/ Patricia Muscovitz, CMC (
Deputy City Clerk/Council Secretary
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