CHAPTER V. BUSINESS LICENSES AND REGULATIONSCHAPTER V. BUSINESS LICENSES AND REGULATIONS\ARTICLE 5. TOBACCO PRODUCTS

The city council finds that youth addiction to tobacco products is a public health problem with grave health consequences. Action is needed to curtail the easy access of minors to cigarettes and other tobacco products. Therefore, the purpose of this article is to implement a strict and enforceable system to prevent the illegal sale of cigarettes and other tobacco products to minors.

(Ord. 957, Sec. 1001)

(a)      City - means the City of Baldwin City, Kansas.

(b)     License - means a license issued by the city for the retail sale of tobacco products.

(c)      Licensee - means the holder of a valid license for the retail sale of tobacco products.

(d)     Minor - means any person under 18 years of age.

(e)      Public Place - means any area to which the public is invited or in which the public is permitted, including, but not limited to, any right-of-way, mall or shopping center, park, playground, and any other property owned by the city, any school district, or any park district.

(f)      Retail Tobacco Store - means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

(g)      Self-Service Displays - means open displays of tobacco products and point-of-sale tobacco promotional products that the public has access to without the intervention of a store employee.

(h)     Tobacco Product - means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco or any other form of tobacco or tobacco papers which may be utilized for smoking, chewing, inhaling or other means of ingestion.

(i)      Tobacco Vending Machine - means any machine or device designated for or used for the vending of cigarettes, cigars, tobacco, or tobacco products upon the insertion of coins, trade checks, or slugs.

(j)      Vendor-Assisted - means only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until after it is purchased.

(Ord. 957, Sec. 1002)

No retailer shall sell or permit to be sold cigarettes or other tobacco products to an individual without requesting and examining photographic identification or other evidence establishing the purchaser's age as 18 years or greater.

(Ord. 957, Sec. 1003)

After 90 days following publication of this article, it shall be unlawful for a retailer to sell cigarettes or other tobacco products unless that retailer holds and maintains a valid license from the city for each location in which tobacco products are sold. All such licenses shall be renewed annually.

(Ord. 957, Sec. 1004)

The fee for the license shall be established by the city council and shall be sufficient to fund the administration, implementation, and enforcement of this article.

(Ord. 957, Sec. 1005)

A tobacco retail license is non-transferable, except a new license will be issued to a tobacco retailer who changes location.

(Ord. 957, Sec. 1006)

Tobacco vending machines or any other devices for the sale or distribution of tobacco products are prohibited, except those vending machines or any other devices for the sale or distribution of tobacco products which are located in areas which are inaccessible to the public.

(Ord. 963, Sec. 1)

It is unlawful to sell cigarettes out of the manufacturer's package with required health warnings. It is unlawful to sell cigarettes in packages of fewer than 20 cigarettes per package.

(Ord. 957, Sec. 1008)

No person shall knowingly distribute or furnish without charge or at nominal charge, or cause to be furnished or distributed without charge or at nominal charge, cigarettes or other tobacco products, or coupons for cigarettes or other tobacco products, in any public place or at any event open to the public, except in retail tobacco stores.

(Ord. 957, Sec. 1009)

It shall be unlawful for any person, business, or tobacco retailer to sell, permit to be sold, or offer for sale any tobacco product by means of self-service displays or any other means other than vendor-assisted sales.

(Ord. 957, Sec. 1010)

(a)      Any license holder who violates any provision of this article shall have their license suspended after notice and opportunity to be heard as follows:

(1)          In the case of a first violation, the licensee shall be fined $200 and shall be notified in writing of penalties levied for further violations.

(2)          In the case of a second violation in a two-year period, the licensee shall be fined $500.00 and the license shall be suspended for not less than 30 consecutive business days nor more than three months. Tobacco retailers must remove all tobacco merchandise from all areas accessible to the public while the license is suspended.

(3)          In the case of three or more violations within a two-year period, the licensee shall be fined $1,000.00 and the license shall be revoked not less than six months nor more than 18 months from the date of the revocation. Tobacco retailers must remove all tobacco merchandise from all areas accessible to the public while the license is suspended.

(b)     The municipal court or city attorney shall initiate enforcement against license holders who violate any provision of this article, and shall conduct hearings upon the license-holder's request. Rulings made by the municipal court or city attorney regarding violations of this article, after adequate hearing, shall be final.

(Ord. 957, Sec. 1011)

Violations of sections 5-504, 5-507, and 5-509 of this article, are subject to a fine of $1,000.00 per day for each violation. The municipal court, city attorney and the police department shall have the authority to enforce this article.

(Ord. 957, Sec. 1012)

No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer reported violations of any provisions of this article.

(Ord.957, Sec. 1013)

No licensee, who in good faith and after inspecting photographic identification or other evidence establishing the purchaser's age, may be prosecuted for refusal to sell any tobacco product to a potential purchaser who the licensee believes to be a minor, whether or not the potential purchaser is, in fact, a minor.

(Ord. 957, Sec. 1014)

If any provision, clause, sentence or paragraph of this article or the application thereof to any person or circumstance shall be held to be invalid, such invalidity shall not affect the provisions of this article which can be given effect without the invalid provision or application, and to this end the provisions are declared to be severable.

(Ord. 957, Sec. 1015)