HomeMy WebLinkAbout539_Prohibiting Distribution of Tobacco Productys to perons under 18 Years�+ �� �u.nn - JVAN nAS1JNUS KGYI ZZ,)4iO UO /16 /71 14:Zo:av
IOC # 97055159 FEE 0.00 PGS 3 B/P 5926/1651 -1653
�v City of Owasso, P.O. Box 180, Owasso, OK 74055
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. S
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA THAT, TO-WIT-
SECTION 1. Part 10, Offenses and Crimes, Chapter 4, Offenses Against the Health, Welfare
and Morals, of the Code of Ordinances of the City of Owasso, Oklahoma is hereby amended by
adopting the following provisions, to be codified as Section 10 -419 - Tobacco to Minors, to -wit:
Section 10 -419
A. As used in this Ordinance
(1) "Person" means any individual, firm, fiduciary, partnership, corporation, trust, or
association, however formed,
(2) "Proof of age" means a driver license, license for identification only, or other generally
accepted means of identification that describes the individual as eighteen (18) years of age or older
and contains a photograph or other likeness of the individual and appears on its face to be valid;
(3) "Sample" means a tobacco product distributed to members of the public at no cost for
the purpose of promoting the product;
(4) "Sampling" means the distribution of samples to members of the public in a public
place; and,
(5) "Tobacco product" means any product that contains tobacco and is intended for
human consumption.
B (1) It is unlawful for any person to sell or furnish in any manner any tobacco product to
another person who is under eighteen (18) years of age, or to purchase in any manner a tobacco
product on behalf of any such person Provided, however, that it shall not be unlawful for an
employee under eighteen (18) years of age to handle such products when required in the performance
of the employee's duties.
(2) A person engaged in the sale or distribution of tobacco products shall demand proof
of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis
of appearance that the prospective purchaser may be under eighteen (I8) years of age.
(3) When a person violates subsection B(1) of this section, the Municipal Court shall
assess such person a fine of Twenty -five Dollars ($25.00) for the first offense within a one -year
period, Fifty Dollars ($50.00) for the second offense within one -year period, and Seventy -five Dollars
9
AN ORDINANCE RELATING TO PART 10 - OFFENSES AND
CRIMES, CHAPTER 4, OFFENSES AGAINST THE HEALTH, WELFARE,
AND MORALS, OF THE CODE OF ORDINANCES OF THE CITY OF
OWASSO, OKLAHOMA, ADOPTING PROVISIONS WHICH RELATE TO
THE PREVENTION OF YOUTH ACCESS TO TOBACCO ACT,
PROHIBITING SALE OF OR DISTRIBUTION OF ANY TOBACCO
9�0
PRODUCT TO A PERSON UNDER THE AGE OF 18 YEARS OF AGE,
—
PROVIDING FOR A PENALTY PROHIBITING A PERSON UNDER THE
AGE OF 18 YEARS OF AGE TO PURCHASE, ACCEPT OR HAVE IN
THEIR POSSESSION A TOBACCO PRODUCT, PROVIDING A PENALTY
t. R
THEREFORE, PROHIBITING THE DISTRIBUTION OF TOBACCO
PRODUCT SAMPLES TO ANY PERSON UNDER 18 YEARS OF AGE
Ur'
PROHIBITING DISTRIBUTION OF TOBACCO SAMPLES WITHIN 300
FEET OF ANY PLAYGROUND, SCHOOL, OR OTHER FACILITY USED
PRIMARILY BY PERSONS UNDER 18 YEARS OF AGE AND PROVIDING
PENALTY PROHIBITING SALE OF CIGARETTES IN ANYTHING
EXCEPT ORIGINAL SEALED PACKAGE PROVIDING A PENALTY,
DIRECTING CODIFICATION AND DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA THAT, TO-WIT-
SECTION 1. Part 10, Offenses and Crimes, Chapter 4, Offenses Against the Health, Welfare
and Morals, of the Code of Ordinances of the City of Owasso, Oklahoma is hereby amended by
adopting the following provisions, to be codified as Section 10 -419 - Tobacco to Minors, to -wit:
Section 10 -419
A. As used in this Ordinance
(1) "Person" means any individual, firm, fiduciary, partnership, corporation, trust, or
association, however formed,
(2) "Proof of age" means a driver license, license for identification only, or other generally
accepted means of identification that describes the individual as eighteen (18) years of age or older
and contains a photograph or other likeness of the individual and appears on its face to be valid;
(3) "Sample" means a tobacco product distributed to members of the public at no cost for
the purpose of promoting the product;
(4) "Sampling" means the distribution of samples to members of the public in a public
place; and,
(5) "Tobacco product" means any product that contains tobacco and is intended for
human consumption.
B (1) It is unlawful for any person to sell or furnish in any manner any tobacco product to
another person who is under eighteen (18) years of age, or to purchase in any manner a tobacco
product on behalf of any such person Provided, however, that it shall not be unlawful for an
employee under eighteen (18) years of age to handle such products when required in the performance
of the employee's duties.
(2) A person engaged in the sale or distribution of tobacco products shall demand proof
of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis
of appearance that the prospective purchaser may be under eighteen (I8) years of age.
(3) When a person violates subsection B(1) of this section, the Municipal Court shall
assess such person a fine of Twenty -five Dollars ($25.00) for the first offense within a one -year
period, Fifty Dollars ($50.00) for the second offense within one -year period, and Seventy -five Dollars
9
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($75.00) for a third offense or subsequent offense within a one -year period. Proof that the defendant
demanded, was shown, and reasonably relied upon proof of age, shall be a defense to any action
brought pursuant to this subsection.
(4) If the sale is made by an employee of the owner of a store at which tobacco products
are sold at retail, the employee shall be guilty of the violation and shall be subject to the fine.
(5) Upon failure of the employee to pay the fine within ninety (90) days of the day of the
assessment of such fine, the Municipal Court Clerk shall notify the Department of Public Safety and
the Department shall suspend or not issue a driver license to said employee until proof of payment
has been furnished to the Department of Public Safety.
(6) For purposes of determining the liability of a person controlling franchises or business
operations in multiple locations for any violation of subsection A or B of this section, each individual
franchise or business location shall be deemed a separate entity.
C (1) It is unlawful for a person who is under eighteen (18) years of age to purchase, or
accept receipt of, or have in their possession a tobacco product, or to present or offer to any person
any purported proof of age which is false, fraudulent, or not actually his or her own, for the purpose
of purchasing or receiving any tobacco product. Provided, however, that it shall not be unlawful for
such a person to handle such tobacco product when required in the performance of such person's
duties.
(2) When a person violates subsection C(1) of this section, the Municipal Court shall
assess such person a fine of Twenty -five Dollars ($25.00) for a first offense within a one -year period,
and a fine of Fifty Dollars ($50.00) for a second or subsequent offense within a one -year period.
Upon failure of the individual to pay such fine within ninety (90) days of the day of such fine, the
Municipal Court Clerk shall notify the Department of Public Safety and the Department shall suspend
or not thereafter issue or renew a driver license to said individual until proof of payment has been
furnished to the Department of Public Safety.
D(l) It shall be unlawful for any person to distribute tobacco product samples to any person
under eighteen (18) years of age.
(2) No person shall distribute tobacco product samples in or on any public street,
sidewalk, or park that is within three hundred (300) feet of any playground, school, or other facility
when the facility is being used primarily by persons under eighteen (18) years of age.
(3) When a person violates subsection D(1) or (2) of this section, the Municipal Court
Clerk shall assess such person a fine of Twenty -five ($25.00) for the first offense within a one -year
period, Fifty Dollars ($50.00) for the second offense within a one -year period, and Seventy -five
Dollars ($75.00) for a third offense or subsequent offense within a one -year period.
(4) Upon failure of the individual to pay the fine within ninety (90) days of the assessment
of such fine, the Municipal Court Clerk shall notify the Department of Public Safety, and the
Department shall suspend or not issue a driver license to said individual until proof of payment has
been furnished to the Department of Public Safety.
E (1) It is unlawful for any person to sell cigarettes except in the original, sealed package
in which they were placed by the mam:factorer.
(2) When a person violates subsection E(I) of this section, the Municipal Court Clerk
shall assess such person an administrative fine of Two Hundred Dollars ($200.00) for each offense.
SECTION 2. This Ordinance shall, upon passage, become effective thirty (30) days from the
date of first publication as provided by State La \v.
�.Y., .........��).
r) A
lD ATTEST:
CV
Mar -'a Boutwell
City Clerk
APPPAnED AS TO FORM:
Ronald D. Cates
City Attorney
']xu.i]7 nd
CITY OF OWASSO, OKLAHOMA
Danny. wind
Mayor
' 0K�AHO�Q
1- S,
Bill R. Retherford, of lawful age, being duly sworn
and authorized, says that he is the publisher bf the
OWASSO REPORTER , a weekly
newspaper printed in the city of OWASSO
Tulsa County, Oklahoma, a newspaper qualified to
publish legal notices, advertisements and publications
as provided in Section 106 of Title 25, Oklahoma
Statutes 1971 and 1983 as amended, and thereafter,
and complies with all other requirements of the laws
of Oklahoma with reference to legal publications.
That said notice, a true copy of which is attached
hereto, was published in the regular edition of said
newspaper during the period and time of publication
and not in a supplement, on the following dates:
FEBRUARY 27 ,199 7
My Commission expires:
Notary Public
Sarch 20, 1997
PUBLISHER'S FEE $ F8.00
Published In the Owasso Reporter, Owasso, Tulsa County, Oklahoma,
February 27,1997.
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 538
AN ORDINANCE RELATING TO PART 10 - OFFENSES AND CRIMES,
CHAPTER 4, OFFENSES AGAINST THE HEALTH, WELFARE, AND
MORALS, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO,
OKLAHOMA, ADOPTING PROVISIONS WHICH RELATE TO THE PRE-
VENTION OF YOUTH ACCESS TO TOBACCO ACT, PROHIBITING SALE
OF OR DISTRIBUTION OF ANY TOBACCO PRODUCT TO A PERSON
UNDER THE AGE OF 18 YEARS OF AGE, PROVIDING FOR A PENALTY
PROHIBITING A PERSON UNDER THE AGE OF 18 YEARS OF AGE TO
PURCHASE, ACCEPT OR HAVE IN THEIR POSSESSION A TOBACCO
PRODUCT, PROVIDING A PENALTY THEREFORE, PROHIBITING THE
DISTRIBUTION OF TOBACCO PRODUCT SAMPLES TO ANY PERSON
UNDER 18 YEARS OF AGE PROHIBITING DISTRIBUTION OF TOBAC-
CO SAMPLES WITHIN 300 FEET OF ANY PLAYGROUND, SCHOOL, OR
OTHER FACILITY USED PRIMARILY BY PERSONS UNDER 18 YEARS
OF AGE AND PROVIDING PENALTY PROHIBITING SALE OF
CIGARETTES IN ANYTHING EXCEPT ORIGINAL SEALED PACKAGE
PROVIDING A PENALTY, DIRECTING CODIFICATION AND DECLARING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWAS-
SO, OKLAHOMA THAT, TO -WIT:
SECTION 1. Part 10 Offenses and Crimes Chapter 41 Offenses Against
the Health Welfare and Morals of the Code of Ordinances of the City of
Owasso, Oklahoma Is hereby amended by adopting the following provi-
sions, to be codified as Section 10-419 - Tobacco to Minors to -wit:
Section 10-419
A. As used In this Ordinance
(1) 'Person' means any Individual firm, fiduciary partnership corporation
trust or association however formed
(2) 'Proof of age' means a driver license, license for identification only,
or other generally accepted means of identification that describes the indi-
vidual as eighteen (18) years of age or older and contains a photograph or
other likeness of the Individual and appears on Its face to be valid.
(3) 'Sample' means a tobacco product distributed to members of the
public at no cost for the purpose of promoting the product,
(4) 'Sampling' means the distribution of samples to members of the pub.
lic in a public place, and,
(5) 'Tobacco product' means any product that contains tobacco and is
Intended for human consumption.
B (1) It Is unlawful for any person to sell or furnish in any manner any
tobacco product to another person who is under eighteen (18) years of age,
or to purchase in any manner a tobacco product on behalf of any such per-
son. Provided, however, that it shall not be unlawful for an employee under
eighteen (18) years of age to handle such products when required in the
performance of the employee's duties.
(2) A person engaged In the sale or distribution of tobacco products shall
demand proof of age from a prospective purchaser or recipient if an ordi-
nary person would conclude on the basis of appearance that the prospec-
tive purchaser may be under eighteen (18) years of age.
(3) When a person violates subsection B(1) of this section the Municipal
Court shall assess such person a fine of Twenty -five Dollars ($25.00) for
the first offense within a one -year period, Fifty Dollars ($50.00) for the sea-
and offense within one -year period, and Seventy -five Dollars ($75.00) for a
third offense or subsequent offense within a one-year period. Proof that the
defendant demanded, was shown, and reasonably relied upon proof of age,
shall be a defense to any action brought pursuant to this subsection.
D (1) It shall be unlawful for any person to distribute tobacco product
samples to any person under eighteen (18) years of age.
(2) No person shall distribute tobacco product samples in or on any pub-
lic street, sidewalk, or park that is within three hundred (300) feel of any
playground, school, or other facility when the facility is being used primarily
by persons under eighteen (18) years of ages.
(3) When a person violates subsection D (1).or (2) of this section, the
Municipal Court Clerk shall assess such person a fine of Twenty -five
($25.00) for the first offense within a one -year period, Fifty Dollars ($50.00)
for the second offense within a one -year period, and Seventy-five Dollars
($75.00) for a third offense or subsequent offense within a one -year period
(4) Upon failure of the Individual to pay the fine within ninety (90) days of
the assessment of such fine, the Municipal Court Clerk shall notify the
Department of Public Safety, and the Department shall suspend or not
Issue a driver license to said individual until proof of payment has been fur-
nished to the Department of Public Safety
E (1) It Is unlawful for any person to sell cigarettes except In the original
sealed package in which they were placed by the manufacturer.
(2) When a person violates subsection E (1) of this section, the Municipal
Court Clerk shall assess such person an administrative fine of Two Hun-
dred Dollars ($200.00) for each offense.
SECTION 2: This ordinance shall, upon passage, become effective thir-
ty (30) days from the date of first publication as provided by State Law.
/s/ Danny Ewing
Danny Ewing, Mayor
(SEAL)
ATTEST:
/s/ Marcia Boutweli
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
/s/ Ronald D. Cates
Ronald D Cates, City Attorney
Viv
51"t 1
TO: RODNEY J�A
GEJCITY MAN
FROM: M.A.ALEXANDER
CHIEF OF POLICE
W, A T E: February 11, 1997
1,11SITY
The State Legislature recently passed the "Prevention of Youth Access to Tobacco Act". In
(,--esponse to that legislation, the staff has developed a City Ordinance that, if adopted, prohibits
Lhe sale, possession and use of all tobacco products by any person under the age of I&
Additionally, the ordinance prohibits the distribution of any tobacco product samples within 300
reet of any school, playground or other facility primarily used by any person under 18.
ATTACHMENTS:
i' II ;ll