As used in this article, the following terms shall have the
meanings indicated:
RETAILER
Any person or business than owns, operates, or manages any
place which tobacco products are sold. The retailer also includes
any person or business that is required to purchase a dealer's
license under C.G.S. § 12-287. "Retailer" also includes
a person whose actions fall within the definition of "sale or sell."
SALE or SELL
Selling, giving, bartering, exchanging, delivering, or otherwise
distributing tobacco products, unless the person is delivering or
accepting delivery in such person's capacity as an employee.
"Sale or sell" also includes offers to sell, barter, or exchange.
SMOKING
Inhaling, exhaling, burning, or carrying any lighted or heated
cigar, cigarette, pipe, 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.
TOBACCO PRODUCT
A.
Any product containing, made, or derived from tobacco or nicotine
that is intended for human consumption, whether smoked, heated, chewed,
dissolved, inhaled, snorted, sniffed, or ingested by any other means,
including, but not limited to cigarettes, cigars, little cigars, chewing
tobacco, pipe tobacco, snuff, snus; and
B.
Any electronic smoking device that delivers nicotine or other
substances to the person inhaling from the device, including, but
not limited to, an electronic cigarette, cigar, pipe, or hookah.
C.
Notwithstanding any provision of Subsections
A and
B to the contrary, "tobacco product" includes any component, part, or accessory of a tobacco product, whether or not sold separately.
The provisions of this Article shall be enforced by citation.
The Meriden Police Department shall have the authority to issue warnings
and citations for violations pursuant to this article.
A. Sign violations. A person who violates the sign requirements of this
article shall first be issued a written warning of the violation and
have five days to come in to compliance. After receiving a written
warning, a violation of the sign requirement shall result in a fine,
as follows:
(1) $50 for the first offense after notice;
(2) $100 for the second offense;
(3) $250 for each offense thereafter.
B. Sale violation. A person who violates the sale restriction by selling
to a person under the age of 21 shall first be issued a written warning.
Once a written warning has been issued, subsequent violations shall
result in a fine as follows:
(1) $100 for the first offense after notice;
(2) $250 for the second offense.
The Meriden Department of Health and Human Services shall engage
in continuing public health education program to explain and clarify
the purposes and requirements of this article to citizens affected
by it, and to guide retailers, owners, operators, and managers in
their compliance. The program may include publication of a brochure
for affected retailers explaining the provisions of article and signage
mandated by this article.
The Meriden Police Department is hereby authorized to promulgate
rules and regulations to carry out the purpose and intent of this
article in order to protect the public health, safety, and welfare.
This article shall be liberally construed so as to further its
purposes.
The provisions of this article are hereby declared severable,
and if any provision, clause, sentence, or paragraph of this section
or the application thereof to any person or circumstances held by
a court of competent jurisdiction to be unconstitutional or otherwise
invalid, such a ruling shall not affect the other parts of this article
that can be given effect.
This article shall take effect upon adoption by the Meriden
City Council, with an effective date no later than 180 days from the
date of City Council adoption.