[HISTORY: Adopted by the City Council of the City of Sanford
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-3-2016 by Order
No. 16-59.08]
Pursuant to its authority, the City does hereby designate all
safe zones prohibited to smoking and tobacco use.
As used in this article, the following terms shall have the
meanings indicated:
Inhaling, exhaling, burning or carrying any lighted or heated
cigar, cigarette, pipe or joint, or any other lighted or heated tobacco
or plant product intended for inhalation, including hookahs and marijuana,
whether natural or synthetic, in any manner or in any form. "Smoking"
also includes the use of an electronic smoking device which creates
an aerosol or vapor, in any manner or in any form, or the use of any
oral smoking device for the purpose of circumventing the prohibition
of smoking in this policy.
All tobacco-derived or containing products, including but
not limited to, cigarettes, cigars, little cigars, cigarillos, bidis,
kreteks; all smokeless and dissolvable tobacco products, including
but not limited to, dip, spit/spitless, chew, snuff, snus and nasal
tobacco; and any product intended to mimic tobacco, containing tobacco
flavoring or delivering nicotine, including but not limited to, electronic
nicotine delivery systems, e-cigarettes, e-cigars, e-hookahs, vape
pen or any other product name or descriptor, or the use of any other
type of tobacco or nicotine product for the purpose of circumventing
the prohibition of tobacco in this policy. This does not include products
specifically approved by the United States Food and Drug Administration
(FDA) for the purpose of cessation or nicotine replacement therapy.
The provisions of this article may be enforced by any designated
representative of the Health Office or of the Chief of Police.
[Amended 12-6-2022 by Order No. 22-536-01]
Violators of this provision are subject to removal from the
property and issued a criminal trespass notice. Effective May 17,
2016, every person convicted of this provision shall be punished by
a civil penalty not to exceed $50 for each occurrence.
A.
The following are City of Sanford safe zones.
(1)
Gowen Park.
(2)
Goodall Park.
(3)
Springvale recreation area.
(4)
Shaw soccer field.
(5)
Gateway Park.
(6)
Carpentier Park.
(7)
Springvale Park.
(8)
Veterans Park.
(9)
Airport ball field.
(10)
Benton Park.
(11)
Sanford Skateboard park.
(12)
Sanford trails.
(13)
Number 1 Pond.
(14)
Central
Park.
[Added 12-6-2022 by Order No. 22-536-01]
(15)
Blouin
Field.
[Added 12-6-2022 by Order No. 22-536-01]
(16)
Witham
Fields.
[Added 12-6-2022 by Order No. 22-536-01]
(17)
Memorial
Gym.
[Added 12-6-2022 by Order No. 22-536-01]
[Adopted 6-5-2018 by Order
No. 18-116-01]
[Amended 5-7-2019 by Order No. 19-138-01]
It is found that licensing CBD, tobacco and paraphernalia retailers
is appropriate to ensure that retailers comply with tobacco control
laws and business standards to protect the health, safety and welfare
of residents and especially children and therefore dependence, illnesses,
and death associated with tobacco, marijuana, and other drug use.
Additionally:
A.
A requirement for a tobacco retailer license will not unduly burden
legitimate business activities of retailers who sell or distribute
tobacco products to adults.
B.
There is a substantial interest in discouraging the purchase of CBD,
tobacco products and paraphernalia by persons under the age of 21.
This article is adopted pursuant to 30-A M.R.S.A. § 3001
and the City's Home Rule Powers as provided for in Article VII-A of
the Maine Constitution and 30-A M.R.S.A. §§ 2101 et
seq. and 22 M.R.S.A. § 1556.
In general, all words, phrases, and terms used in this article
shall have their customary and usual meaning; as used in this article,
the following words, phrases, and terms shall have the meaning indicated.
Less than 0.3%, on a dry weight basis, delta-9-tetrahydrocannabinol
(THC) Cannabis-derived products or substances, including cannabidiol
which are sold over-the-counter, without a prescription, in the form
of dietary supplements or added to food products.
[Added 5-7-2019 by Order
No. 19-138-01]
An object or device, including any metal, wooden, acrylic,
glass, stone, plastic, or ceramic pipes with or without screens, permanent
screens, hashish heads, or punctured metal bowls; water pipes, carburetion
tubes and devices; smoking and carburetion masks; roach clips (meaning
objects used to hold burning material, such as a marijuana cigarette,
that has become too small or too short to be held in the hand); miniature
cocaine spoons and cocaine vials; chamber pipes; carburetor pipes;
electronic pipes; air-driven pipes; chillums; bongs; or ice pipes
or chillers, that is not displayed apposed to nor included within
a tobacco product display.
[Amended 5-7-2019 by Order No. 19-138-01]
A retail business in which more than 20% of floor or display
area is devoted to paraphernalia and liquids used in electronic smoking
devices or 67% if the business's gross revenue from the last year
was derived from the sale of paraphernalia and liquids used in electronic
smoking devices.
[Added 5-7-2019 by Order
No. 19-138-01]
Any product that is made from or derived from tobacco and
is intended for human consumption or is likely to be consumed, whether
smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested
by any other means, including, but not limited to a cigarette, a cigar,
pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking
device. "Tobacco product" includes any component or accessory used
in the consumption of a tobacco product, such as filters, rolling
papers, pipes or liquids used in electronic smoking devices. "Tobacco
product" does not include drugs, devices, or combination products
authorized for sale by the United States Food and Drug Administration,
as those terms are defined in the Federal Food, Drug, and Cosmetic
Act.
A retail business within the City of Sanford that sells CBD,
tobacco products or paraphernalia for personal consumption or use.
[Amended 5-7-2019 by Order No. 19-138-01]
[Amended 5-7-2019 by Order No. 19-138-01]
The provisions of this article apply to CBD, tobacco and paraphernalia
retailers within the City of Sanford.
A.
No person, firm, or corporation may offer for sale, sell, furnish,
display, or advertise for CBD, tobacco products or paraphernalia unless
a tobacco retailer has first obtained a license for such purpose from
the City Clerk.
[Amended 5-7-2019 by Order No. 19-138-01
B.
Licenses under this article shall not be issued unless the City Clerk
receives affirmation from the Inspection Team that the applicant's
proposed operation meets all applicable requirements. Any person carrying
out such activity without a license is in violation of these provisions.
Failure to comply with any of these requirements shall be deemed a
violation of this article and is adequate grounds for the denial,
revocation, or suspension of a tobacco retailer license.
License applications under this article shall be processed according to the procedures established in this article and Chapter 149, Licensing. A license may be issued to a tobacco retailer after the annual fee required has been paid through the City Clerk's office. The fee for a tobacco retailer license shall be established under Chapter 149, Licensing, § 149-1.4, Fees, of this Code for tobacco retailers.
[Amended 5-7-2019 by Order No. 19-138-01]
No tobacco retailer license may be issued to any seller of CBD,
tobacco products or paraphernalia that is not in a fixed, permanent
location; mobile vending of tobacco products or paraphernalia is prohibited.
[Amended 5-7-2019 by Order No. 19-138-01]
A.
Pursuant to 22 M.R.S.A. § 1555-B, Subsection 2, pertaining
to tobacco products, no licensee, or employee or agent of such licensee,
shall sell, furnish, give away, or allow access to tobacco products
or paraphernalia or CBD to persons who have not attained 21 years
of age, unless the person has attained 18 years of age as of July
1, 2018.
B.
Tobacco products or paraphernalia or CBD may not be sold to any person
who has not attained 30 years of age unless the seller first verifies
that person's age by means of reliable photographic identification
containing the person's date of birth.
A.
Self-service tobacco product displays are prohibited.
B.
For customer areas or retail stores where persons under the age of
21, except for store employees:
(1)
May be present, tobacco products must be in locked cabinets distinct
and separated from other products or behind the sale counter accessible
only with store employee assistance.
(2)
May not be present, tobacco products may be in cabinets or on shelves
or behind the sale counter accessible only with store employee assistance.
For customer areas or retail stores where persons under the
age of 21, except for store employees:
[Added 5-7-2019 by Order No. 19-138-01]
For customer areas or retail stores where persons under the
age of 21, except for store employees:
[Added 5-7-2019 by Order No. 19-138-01[1]]
Within 500 feet of the property boundary of any public or private
elementary, middle or secondary school:
If any clause, sentence, paragraph, section, article, or part
of this article or of any ordinance included in this Code or through
supplementation shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, section, article, or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
