[Adopted 4-14-2014 by Ord. No. 2014-6]
Findings and purposes.
Substantial scientific evidence exists that the use of tobacco products causes cancer, heart disease, and various other medical diseases. The Surgeon General of the United States has found that tobacco-caused diseases are the leading cause of premature, preventable death and disability in the United States;
The National Centers for Disease Control has found that at least 434,000 Americans die each year from tobacco-caused diseases. The Surgeon General of the United States and the U.S. Department of Health and Human Services have found that a minority of those Americans die of tobacco-caused diseases became addicted to nicotine in tobacco products as adolescents before the age of legal consent.
The National Institute on Drug Abuse has concluded that the nicotine in tobacco products is a powerful addictive drug and identify nicotine addiction as the most widespread example of drug dependence in the United States;
The Surgeon General of the United States has found that nicotine in tobacco products is as addictive as cocaine and heroin; and
The National Institute on Drug Abuse has found that tobacco use by adolescents precedes and is predictive of adolescent illicit drug use.
Definitions. The following words and phrases, whenever used in this article, shall be construed as defined in this section:
- Any sole proprietorship, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered in the Town of Johnston.
- DRUG PARAPHERNALIA
- Is defined by R.I.G.L.§ 21-28.5-1.
- EXEMPT BUSINESS
- Any business, except tobacco specialty stores, that does not allow anyone under 18 years of age to enter unless accompanied by an adult. These establishments will be exempt from the article as written.
- Any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
- SELF-SERVICE MERCHANDISING
- Open display of tobacco products and point-of-sale tobacco products that the public has access to without the intervention of an employee.
- TOBACCO PRODUCT
- Any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion.
- TOBACCO RETAILER
- Any person or governmental entity that operates a store, stand, booth, concession, or other place at which sales of tobacco products are made to purchasers for consumption or use in the Town of Johnston.
- VENDOR ASSISTED
- Any automated, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarettes or any other tobacco product.
- TOBACCO SPECIALTY STORE
- A tobacco retailer whose business exclusively or primarily involves the sale of tobacco products and related goods.
Regulation of manner of sale of tobacco products. It shall be unlawful for any person, business, or tobacco retailer, except tobacco specialty stores which do not allow persons under the age of 18 to enter the premises, to sell, permit to be sold, offer for sale or display for sale any tobacco products or drug paraphernalia by means of self-service merchandising.
Enforcement. Enforcement of this article shall be the responsibility of the Chief of Police or his or her designee.
Violations and penalties.
It shall be unlawful for any person who owns, managers, operates or otherwise controls the use of any premises subject to this article to fail to comply with any of its provisions.
Any person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this article shall eliminate the self-service merchandising of tobacco products, except for tobacco specialty stores which do not allow persons under the age of 18 to enter the premises.
Any person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this article who violates any provision of this article shall be deemed guilty of an infraction, punishable by:
First violation, a warning issued by the Johnston Police Department.
Second violation within one year, a fine, not exceeding $100, payable to the Town of Johnston.
Third violation within one year, a fine, not exceeding $200, payable to the Town of Johnston.
For a fourth or more violation within one year, a fine, not exceeding $1,000, payable to the Town of Johnston.