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HomeMy WebLinkAboutORD NO 4017ORDINANCE NO.. AN ORDINANCE OF THE CITY OF BAKERSFIELD ADDING CHAPTER 8.58 OF THE BAKERSFIELD MUNICIPAL CODE RELATED TO TOBACCO USE PREVENTION. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 8.58 of the Bakersfield Municipal Code is hereby added to read as followS: CHAPTER 8.58 TOBACCO USE PREVENTION ORDINANCE Sections: 8.58.010 8.58.020 8.58.030 8.58.040 8.58.050 8.58.060 8.58.070 Short title. Findings and purpose. Definitions. Requirement of vendor-assisted sales. Purchaser Identification. Exemptions. Violations & Penalty. 8.58.010 Short title. This ordinance shall be known as the '~obacco use prevention ordinance". 8.58.020 Findings and purpose. The City Council finds that the smoking of tobacco, or any other weed or plant, is a positive danger to health and a material annoyance, inconvenience, discomfort and a health hazard to those who are present in confined spaces, and that smoking rates are on the increase among the youth population of Kern County. In addition, the U.S. Surgeon General and the U.S. Environmental Protection Agency have concluded that second-hand smoke causes lung cancer and heart disease in healthy non-smokers, in order to promote public health, safety and welfare, the declared purposes of this Chapter are to prohibit the smoking of tobacco, or any weed or plant, in public places and places of employment, to protect the public health by restricting public exposure to second-hand smoke, and to restrict youth access to tobacco products, as stated and required in this Chapter. Page 1 of 4 8.58.030 Definitions. As used in this Chapter only, the following words and phrases are defined as such: A. "Vendor-assisted sale" means a pumhase requiring a direct, face-to-face exchange between the retailer and the customer, in which the vendor has access to the tobacco product, and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased. B. "Tobacco product" means any manufactured substance made from the tobacco plant, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco and smokeless tobacco, or products prepared from tobacco and designed for smoking or ingestion. C. "Cigar lounge" means a private smokers' lounge of an enclosed area in or attached to a retail or wholesale tobacco shop that is dedicated to the use of tobacco products, including but not limited to cigars and pipes. [3. "Tobacco shop" means a business establishment whose main purpose is the sale of tobacco products, including but not limited to cigars, pipe tobacco and smoking accessories. 8.58.040 Requirement of vendor.assisted sales. It shall be unlawful for any person or business to sell, permit to be sold, or offer for sale any tobacco product by means of a self-service display, cigarette vending machine, or by any means other than vendor-assisted sales. This prohibition shall not apply to tobacco shops and cigar lounges. A "self-service display" is the open display of tobacco products which the public has access to without the intervention of a store employee, including but not limited to a rack, shelf or counter-top display. 8.58.050 Purchaser Identification. The seller of any tobacco products shall require photographic identification if a purchaser reasonably appears to be under 27 years of age. In compliance with federal and state law, tobacco products shall not be sold to anyone under 18 years of age. 8.58.060 Exemptions. A. This chapter is not intended to regulate smoking on property owned or leased by county, state or federal governmental entities. B. Any owner or manager of a business or other establishment subject to this Chapter may apply to the Chief of the Fire Department for an exemption or modification to any provision of this Chapter due to unusual circumstances or conditions not related to youth access to tobacco products or the public's exposure to second-hand smoke. Such exemption shall be granted only if the Chief of the Fire Department finds from the evidence presented by the applicant for exemption either that: 1. The applicant cannot comply with the provisions of this Chapter for which an exemption is requested without incurring expenses for structural or other physical modifications, other than posting signs, to buildings and structures; or 2. Due to such unusual circumstances, the failure to comply with the provision for which the exemption is requested will not result in a danger to health or annoyance, inconvenience or discomfort. Page 2 of 4 8.58.060 Violations & Penalty. A. A violation of this Chapter is punishable as either an infraction or misdemeanor. B. Citations for Violations of this Chapter shall not be issued until January 1, 2002. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .............. o0o .............. Page 3 of 4 I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on AUG 2 ~ 2{]0,1 by the following vote: AYES: NOES: ABSTAIN: ABSENT: APPROVED: COUNCILMEMBERCARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~ ~k~- COUNCILMEMBER ~olk]~ COUNClLMEMBER k~k]~-~ CITY CLERK and EX OFFICIO~f the Council of the City of Bakersfield AUG ~, ~ ZOO1 By: MARK SALVAGG I 0 VICE MAYOR ot: t. he Cit. y of Bakersf i eld APPROVED AS TO FORM: BART J. THILTGEN City A~m.~.. VG:alj S:\COUNClL\Ords\TobaccoOrd.wpd Page 4 of 4 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 23rd day of August , 2001 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4017 , passed by the 22nd dayof August 2001 and Bakersfield City Council at a meeting held on the entitled: AN ORDINANCE OF THE CITY OF BAKERSFIELD ADDING CHAPTER 8.58 OF THE BAKERSFIELD MUNICIPAL CODE RELATED TO TOBACCO USE PREVENTION. /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPU'~ City Clerk ~"~.~ S:\Docum ent\FORMS'~AOP.ORD.wpd August 23, 2001