[Added 2-21-1995; amended 5-30-1995]
As used in this article, the following terms shall have the
meanings indicated:
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 City.
A tobacco retailer whose business exclusively or primarily
involves the sale of tobacco products and related goods.
Any automated, self-service device which, upon insertion
of money, tokens or any other form of payment, dispenses cigarettes
or any other tobacco product.[1]
No person, firm, corporation or association shall engage in the sale of tobacco products without first having obtained a license per the requirements set forth in Article I of this chapter.
A.
The City Council does hereby find that:
(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 U.S. has found that tobacco-caused diseases
are the leading cause of premature, preventable death and disability
in the U.S.;
(2)
The National Centers for Disease Control have found that at least
434,000 Americans die each year from tobacco-caused diseases. The
Surgeon General of the U.S. and the U.S. Department of Health and
Human Services have found that a majority of those Americans who 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 identifies nicotine
addiction as the most widespread example of drug dependence in the
U.S.;
(4)
The Surgeon General of the U.S. 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.
Accordingly, the City Council finds and declares it in the public
interest to:
(1)
License
tobacco vendors, including tobacco vending machines;
(2)
Prohibit
self-service sales, self-service displays, racks and shelves of tobacco
products except in those premises to which access by minors is not
allowed; and
(3)
Require
the posting of warning signs at the point of purchase stating the
legal age of sale and that identification is required to purchase
tobacco products.
C.
The City Council further finds it is within its basic police power
to implement and enforce the provisions of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Any person, business, tobacco retailer, or other establishment subject
to this article shall post plainly visible signs at the point of purchase
of tobacco products which state, "the sale of tobacco products to
persons under 21 years of age is prohibited by law. Valid ID is required
to purchase tobacco. If you witness any clerk in this establishment
selling tobacco products to a minor, please contact the Westbrook
Police Department."
B.
No person, business, tobacco retailer, or owner, manager or operator
of any establishment subject to this article shall sell, offer to
sell or permit to be sold any tobacco product to an individual without
requesting and examining identification unless the seller has some
reasonable basis for determining the buyer's age.
C.
It shall be unlawful for any person, business, or tobacco retailer,
except tobacco specialty stores which do not allow persons under the
age of 21 to enter the premises, to sell, permit to be sold, offer
for sale or display for sale any tobacco product by means of self-service
merchandising.
D.
All tobacco specialty stores and all tobacco retailers, including
establishments that have tobacco vending machines and are open to
the public under 21 years of age, will obtain a tobacco vendor's license
from the City and will openly display the license.
A.
Enforcement of this article shall be the responsibility of the Chief
of Police or his or her designee.
B.
Any citizen who desires to register a complaint under this article
may initiate a complaint with the Police Department. The Chief of
Police shall notify, and keep a record of notice, any establishment
subject to this article of all citizen complaints under this article
regarding apparent violation of this article by said person, tobacco
retailer, or any owner, manager or operator of any establishment subject
to this article.
C.
Notwithstanding any other provisions of this article, a private citizen
may bring legal action to enforce this article.
A.
It shall be unlawful for any person who owns, manages, operates or
otherwise controls the use of any premises subject to this article
to fail to comply with any of its provisions.
B.
Any person, business, tobacco retailer, or owner, manager or operator
of any establishment subject to this article shall have the following
responsibilities:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
To post plainly visible signs at point of purchase stating the sale
of tobacco products to persons under the age of 21 is prohibited by
law and valid identification is required to purchase tobacco;
(2)
To request identification from any person buying tobacco products
which shows the purchaser is of legal age unless the seller has some
reasonable basis for determining the buyer's age;
(3)
To eliminate self-service merchandising of tobacco products except
for tobacco specialty stores which do not allow persons under the
age of 21 to enter the premises; and
(4)
To openly display tobacco vendor's license.
No person or employer shall discharge, refuse to hire or in
any manner retaliate against any employee or applicant for employment
because such employee or applicant agrees to abide by the provisions
of this article.
This article shall not be interpreted or construed to permit
tobacco vending machines and distribution of tobacco product samples
where they are otherwise restricted by other applicable laws.
The municipal officers, in addition to other provisions of this code authorizing such action, may deny, suspend, or revoke a license upon stipulations set forth in § 205-8, as well as any of the following grounds:
