City of Rockwood, MI Chapter 231 TOBACCO PRODUCTS

[HISTORY: Adopted by the City Council of the City of Rockwood as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Fires caused by smoking — See Ch. 163, § 163-30.

Article I Sale to and Possession by Minors

[Adopted 6-17-1998 by Ord. No. 370]

§ 231-1 Selling, giving or furnishing tobacco products to minors prohibited; posting of sign; penalty.

A. A person shall not sell, give, or furnish any cigarette, cigar, chewing tobacco, tobacco snuff, or tobacco in any other form to a person under the age of 18.

B. Beginning 90 days after the effective date of this section, a person who sells tobacco products at retail shall post, in a place close to the point of sale and conspicuous to both employees and customers, a sign produced by the Department of Health that includes the following statement:

The purchase of tobacco products by a minor under 18 years of age and the provision of tobacco products to a minor are prohibited by law. A minor unlawfully purchasing or using tobacco products is subject to criminal penalties.

C. If the sign required under Subsection B is more than six feet from the point of sale, it shall be 5 1/2 inches by 8 1/2 inches, and the statement required in Subsection B shall be printed in thirty-six-point boldface type. If the sign required under Subsection B is less than six feet from the point of sale, it shall be two inches by four inches, and the statement required under Subsection B shall be printed in twenty-point boldface type.

D. A person who violates this section shall be guilty of a misdemeanor, punishable by a fine of not more than $50 for each offense.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 231-2 Possession or use of tobacco products in public; penalty.

A. A person under the age of 18 years shall not possess or smoke cigarettes or cigars; or possess or chew, suck, or inhale chewing tobacco or tobacco snuff; or possess or use tobacco in any other form, on a public highway, street, alley, park, or other lands used for public purposes, or in a public place of business or amusement.

B. A person who violates this section is guilty of a misdemeanor, punishable by a fine of not more than $50 for each offense.

C. Pursuant to a probation order, the court may require a person who violates this section to participate in a health promotion and risk reduction assessment program, if available. A probationer who is ordered to participate in a health promotion and risk reduction assessment program under this section is responsible for the costs of participating in the program. In addition, a person who violates this section is subject to the following:

(1) For the first violation, the court may order the person to do one of the following:

(a) Perform not more than 16 hours of community service in a hospice, nursing home, or long-term care facility.

(b) Participate in a health promotion and risk reduction program, as described in this subsection.

(2) For a second violation, in addition to participating in a health promotion and risk reduction program, the court may order the person to perform not more than 32 hours of community service in a hospice, nursing home, or long-term care facility.

(3) For a third or subsequent violation, in addition to participation in a health promotion and risk reduction program, the court may order the person to perform not more than 48 hours of community service in a hospice, nursing home, or long-term care facility.

D. If the person is under the age of 17 years, then that person shall be responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $50, plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines as provided herein:

(1) First repeat offense within one year $100.

(2) Second repeat offense within one year $200.

§ 231-3 Sale through use of a vending machine.

A. Except as provided in Subsection B, a person, in a place of public accommodations to which access by minors is not prohibited by law, shall not sell or distribute cigarettes, cigars, or other tobacco products through the use of vending machines, or install or maintain vending machines with the intent of selling or distributing cigarettes, cigars, or other tobacco products. For the purpose of this section "place of public accommodation" is the same as used in Section 301(a) of the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCLA 37.1301.

B. This section does not apply to a cigarette vending machine that:

(1) Is located in an establishment with a Class C license as defined in Section 2t of the Michigan Liquor Control Act and said establishment has a bar:

(a) Located in a room separated from the remainder of the establishment by a wall and doorway, in which the vending machine is located; or

(b) Located within the same room, not separated by a wall and doorway and the vending machine is located within 20 feet from the bar in the same room;

(2) Is located in an area, office, plant, factory, or private membership club that is not open to the public and is located not less than 20 feet from ingress or egress to the building.

C. A person who violates this section of this article is guilty of a misdemeanor, punishable by imprisonment for not more than six months, service to the community for a period of not more than 45 days, or a fine of not more than $1,000, or any combination of imprisonment, community service, or fine. Each day that a person has a vending machine that dispenses cigarettes, cigars, or other tobacco products constitutes a separate offense.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).