[HISTORY:[1] Adopted by the City Council of the City of Bangor 8-8-2022 by Ord. No. 22-266. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 119, Flavored Tobacco and Nicotine
Products, adopted 10-13-2021 by Ord. No. 21-350 was repealed 5-9-2022 by Ord. No. 22-180.
As used in this chapter, the following terms have the following
meanings:
Any device that may be used to deliver any aerosolized or
vaporized substance to the person inhaling from the device, including,
but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or
e-hookah. Electronic smoking device includes any component, part,
or accessory of the device, and also includes any substance that may
be aerosolized or vaporized by such device, whether or not the substance
contains nicotine. Electronic smoking device does not include drugs,
devices, or combination products authorized for sale by the U.S. Food
and Drug Administration, as those terms are defined in the Federal
Food, Drug, and Cosmetic Act.[1]
Any tobacco product that imparts a taste or smell, other than
the taste or smell of tobacco, either prior to, or during the consumption
of, a tobacco product, including, but not limited to, any taste or
smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa,
vanilla, honey, or any candy, dessert, alcoholic beverage, herb, or
spice; or
Any tobacco product that is, within the City of Bangor and by
a retailer, advertised, displayed, or packaged in such a way as to
convey that it imparts a taste or smell, other than the taste or smell
of tobacco, either prior to, or during the consumption of, a tobacco
product, including, but not limited to, any taste or smell relating
to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey,
or candy, dessert, alcoholic beverage, herb, or spice.
Any person or entity that sells tobacco products to consumers
in the City of Bangor.
Any product containing, made of, or derived from tobacco or
nicotine that is intended for human consumption or is likely to be
consumed, whether inhaled, absorbed, or ingested by any other means,
including, but not limited to, a cigarette, cigar, pipe tobacco, chewing
tobacco, snuff, or snus;
Any electronic smoking device and any substance that may be
aerosolized or vaporized by such device, whether or not the substance
contains nicotine; or
Specifically excluded from this definition are drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act; and any product containing cannabis, as defined by Chapter 165, § 165-13 of this Code, unless these products contain, are made of, or are derived from tobacco or nicotine.
[1]
Editor's Note: See 21 U.S.C. § 301 et seq.
No retailer shall sell or offer for sale any flavored tobacco
product, or display, market, or advertise for sale, within the City
of Bangor any flavored tobacco product.
A.
The City Manager or the City Manager's designee(s) shall have the
primary responsibility for enforcement of this chapter. If the City
Manager or said designee(s) determine(s) that a violation of this
chapter has occurred, the City Manager or said designee(s) shall issue
a written warning giving notice to the retailer that a violation has
occurred. Subsequent violations of this chapter shall be subject to
the penalties set forth below.
B.
Violations of this chapter shall be punishable by administrative
fines, levied against the retailer, as follows:
This chapter shall become effective on January 1, 2023.
If any part or provision of this chapter or the application
thereof to any person or circumstances is held invalid, the remainder
of the chapter, including the application of such part or provision
to another person or circumstance, shall not be affected thereby and
shall continue in full force and effect. To this end, provisions of
this chapter are severable.
