[Adopted 4-14-2014 by Ord. No. 2014-6]
[Amended 6-12-2017 by Ord. No. 2017-7; 2-14-2021 by Ord. No. 2022-1]
A.
Findings and purposes.
(1)
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;
(2)
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.
(3)
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;
(4)
The Surgeon General of the United States has found that nicotine
in tobacco products is as addictive as cocaine and heroin; and
(5)
The National Institute on Drug Abuse has found that tobacco use by
adolescents precedes and is predictive of adolescent illicit drug
use.
B.
BUSINESS
DRUG PARAPHERNALIA
EXEMPT BUSINESS
PERSON
SELF-SERVICE MERCHANDISING
TOBACCO PRODUCT
TOBACCO RETAILER
VENDOR ASSISTED
TOBACCO SPECIALTY STORE
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.
Is defined by R.I.G.L.§ 21-28.5-1.
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.
Open display of tobacco products and point-of-sale tobacco
products that the public has access to without the intervention of
an employee.
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.
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.
Any automated, self-service device which, upon insertion
of money, tokens or any other form of payment, dispenses cigarettes
or any other tobacco product.
A tobacco retailer whose business exclusively or primarily
involves the sale of tobacco products and related goods.
C.
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.
D.
Enforcement. Enforcement of this article shall be the responsibility
of the Chief of Police or his or her designee.
E.
Violations and penalties.
(1)
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.
(2)
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.
(3)
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:
(a)
First violation, a warning issued by the Johnston Police Department.
(b)
Second violation within one year, a fine, not exceeding $100,
payable to the Town of Johnston.
(c)
Third violation within one year, a fine, not exceeding $200,
payable to the Town of Johnston.
(d)
For a fourth or more violation within one year, a fine, not
exceeding $1,000, payable to the Town of Johnston.
