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Home My WebLink AboutOrdinance 5994 02/04/2002 . .' . ORDINANCE NO. 5994 (General) An Ordinance Regulating the Sale and Distribution of Tobacco and Tobacco Products to Minors by adding to Chapter 5 "Public Protection" of the springfield Municipal Code Section 5.300 "Sale and Distribution of Tobacco and Tobacco Products to Minors'" Declaring an Emergency, and Establishing an Effective Date of July I, 2002. The City ,of springfield ordains as follows: section 1: Chapter 5, "Public Protection" in the springfield Municipal Code is hereby amended by adding the following .s~ction 5.300 "Sale and Distribution of Tobacco and Tobacco Products to Minors" to the springfield Municipal Code. "5.300. Sale and Distribution of TobaccO and Tobacco Products to Minors. (1): Definitions. Minor: Any person under eighteen years of age. Civil Infraction: An offense against the City in the form of a . violation of Springfield Municipal Code Section 5.300.. Tobacco Product: Any tobacco cigarette, cigar" pipe tobacco, smokeless tobacco, .chewing tobacco, or ,any other form of tobacco which may be utilized for smoking, chewing, inhalation, or other, means of ingestion. Tobacco Retail Store: A retail store utilized primarily for the sale of tobacco products and accessories, and in which the sale of other products is merely incidental. Vendor-assisted: Only a store owner or employee has access to ,the tobacco product and assists the customer by supplying the tobacco product; the customer does not take possession of the tobacco product until after it is purchased. (2): License Fee. No tob~cco retailer's lic~nse shall be issued or continue to be valid unless the holder thereof has paid the fees as required by this Ordinance; ORDINANCE Page -1- . . . (3): Sales to Minors. It shall be a violation of this Ordinance for a retailer to sell tobacco products to minors. (4): Vendor-Assisted Sales. , Except as provided in section 5.300(5) or sales by tobacco retail , stores or from tobacco vending machines licensed by the City of s~ringfield, no person or business may sell, permtt to be sold, or offer for sale any tobacco product by means other than Vendor- Assisted Sales. (5): Scope of Ordinance. This Ordinance shall not apply to Tobacco Vending Machines regulated by Oregon State Law, or .to any business, retailer or establishment which is licensed by the Oregon Liquor Control Commission for a dispensing license and required to be posted preventing any minors from access to the premises. (6): Non-retaliatiqn. No person or employer may discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer reports or at tempts to prosecute any violation' of this chapter. (7): License. Except as provided in Section 5.300(5) no person or business shall sell, or offer for sale. tobacco products unless a license is obtained from the City in accordance with Springfield Municipal Code section 7.000. The license shall be renewed annually. The license is n6t transferra~le. The license may be denied, suspended. or revoked on the basis of three violations of this Ordinance within a year, or upon failure to pay a fine specified in Se~tions 5.300(10) and (11). Denial or revocation is in addition to th~ penalties and forfeitures provided in Sections 5.300 (10) and (11). An annual license fee will be established by Resolution of the Common Council. ORDINANCE Page -2- . (8) Citation and Complaint a. If a store clerk fails to comply with the provisions of Section 5.300(1) -(7fthen a civil infraction citation signed by a Lane County Public Health Representative or an Oregon State Police Officer shall be filed with the Municipal Court charging the person who failed to comply with a civil infraction and setting a date for the person to appear before the Municipal Court to answer the charge. b. The civil action cit~tion, together with a complai~t; shall be filed with the Municipal Court. c. The City Prosecutor shall prescribe the form of the infraction citation and complaint. Additional parts may be inserted for administrative purposes by those charged with the enforcement of Springfield Municipal Code section 5.300 et.seq. . d. The citation may. also contain notice to the p~rson .cited that a civil complaint may be filed in the Municipal Court. . e. The complaint shall contain a form of verification that the person signing the complaint swears or affirms that he or she has reasonable" grounds to believe, and does so believe that the person committed the infraction. (9): Service, Answer and Hearing a. Servi~e of the uniform civil citation shall be made as specified in Springfield Municipal Code Section 5.616.' ,b. A person who receives a citation alleging a civil infraction shall answer or respond as set forth in Springfield Municipal Code Section 5.618. c. The hearing to determine whether a civil infraction has occurred shall be held in accordance with Springfield Municipal Code Section 5.620. (lO): Penalties . Violation of this ordinance shall be a civil infraction subject to a fine not to exceed Two Hundred Fifty Dollars ($250). The fine will be levied against the store clerk who completed the illegal ORDINANCE Page -3- . . . sale. Notice of the violation shall be sent to the tobacco products retail license holder. (11): Forfeitures If a cited person fails to answer the citation or appear at a scheduled hearing as provided in Section 5.300(9) default judgments, forfeitures and delinquent forfeitures may be entered by t~e court in accordance with Springfield Municipal Code Sec.tions 5.622(1), (2) and (3) and 5.624. Nothing in this section shall limit ~he City from revoking or denying any City license or permit held or desired by a person owing a forfeiture to the City. (12): Schedule of Forfeitures A civil infrattion under this Section ~.300 is cla~sified for the purpose of determining forfeitures into the categories more particularly described and set forth in Springfield Municipal Code' Section 5.624. The forfeiture will be levied against the store clerk who completed the illegal sale. Notice of the violation and f.orfeitureshall be sent to the tobacco products retail license holder. (13): Other Relief Preserved Nothing in section 5.300 shall bec6nstrued as limiting the ~ight of the City to seek damages, injunctive or other appropriate relief under Oregon law fo~ the termination of conduct in contravention of the Code or Ordinances of the City. section 2: Ie is hereby declared to be the legislative intent of the Common Council that the provisions of this Ordinance are severable and if any provision, sentence, clause, section or part is held illegal, invalid, orun~onstitutionalor inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality or inapPlicability. shall not affect or impair a~y of the remaining provisions, sentences, clauses, sections or parts of the Ordirian~e or their application to other persons and circumstances. se~tion 3: Matters relating to the sale and. distribution of tobacco and tobacco products to minors are matters of health, safety and welfare; an emergency exists and therefore this Ordinance shall take effect on July 1, 2002. ORDINANCE Page -4- . Adopted by the Common 4th day of February o against. Council of. the City of Springfield this 2002 by a vote of 6 in favor Approved by the Mayor of the City of Springfield this ~4th day of February , 200'2.:... ATT~.... ... City ReCQrde~ N: \Cn"l\ORDINANC\ Youth Tobacco\ YO,uI:h Tobacco Ordinance. wpd . \ I -sa ( 200 '2 . _' _ _ ' ,f\ \~\' ~ t) v ~ l) ~ C" L~ '1'0.' ,,,\:> ;'\ N\).... . ' \-\ <:. ~ ,,0\<: \. '\ , ____ \. '- ~ A\-\" . ~c~~\'\.~ -">~\\~((~~'1 , "f'~~ a~ C.\\'l \ _' 0- S\)Q"L~E.~\\:\..\~ C"'I.. "\ '1 O\''' , ORDINANCE Page -5-