A.
All food and beverages prepared, stored, served, sold, or offered
for sale in any food establishment licensed hereunder shall at all
times be wholesome, free from spoilage, and safe for human consumption.
B.
All employees of such food establishments shall wear clean outer
garments and shall keep their hands clean at all times while handling
food or beverages.
C.
All dishware, silverware, glassware, and other multiuse utensils
used in a food establishment shall be thoroughly cleaned and disinfected
after each use.
D.
Kitchens and other places where food and beverages are prepared and
stored, together with all equipment used therein, shall be maintained
in a clean and sanitary condition.[1]
[1]
Editor's Note: Original Section 5.04.110 of the 1997 Code,
Coin-Operated Vending Machines, which immediately followed this section,
was repealed by Ord. No. 3455.
The lockers in food refrigeration plants shall be maintained
in a clean, sanitary condition and the temperatures maintained therein
shall be adequate to keep the food stored therein free from spoilage.
Sleeping rooms in hotels, motels, and rooming houses, together
with furniture, furnishings, fixtures, mattresses, and linens used
therein, shall be maintained in a clean and sanitary condition.
All gasoline, flammable liquids and gases, dry-cleaning chemicals,
and other highly volatile or flammable substances stored in any business
shall be kept in tanks, barrels, drums, or other containers which
are properly constructed and maintained in good condition so as to
prevent fires, explosions, or other hazards to the safety of persons
and property in the vicinity thereof. Combustible materials shall
be kept away from heating and other equipment with open flames so
as to prevent fires or other hazards to the safety of persons and
property in the vicinity thereof. No smoking shall be permitted in
close proximity to such materials and "no smoking" signs shall be
conspicuously displayed in such areas. Each business storing such
materials shall be equipped with one or more fire extinguishers as
needed.
Contractors licensed hereunder shall maintain their equipment
and work areas in a safe condition. All debris shall be contained
on the site and disposed of routinely. All openings and excavations
shall be well marked or covered. Curbs and sidewalks shall be planked
sufficiently to prevent damage before any heavy equipment is moved
across them. Dirt or mud that is dragged into public streets must
be cleaned daily. All contractors licensed hereunder must show proof
of license before a building permit is issued.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
The Mayor and City Council expressly find and declare that:
(1)
Cigarette smoking is dangerous to human health.
(2)
There exists substantial scientific evidence that the use of
tobacco products, alternative nicotine products and electronic cigarettes
causes cancer, heart disease and various other medical disorders.
(3)
The Surgeon General of the United States has declared that nicotine
addiction from tobacco is similar to addiction to cocaine, and is
the most widespread example of drug dependence in this country.
(4)
The Director of the National Institute on Drug Abuse concluded
that the majority of the 320,000 Americans who die each year from
cigarette smoking became addicted to nicotine as adolescents before
the age of legal consent. The National Institute on Drug Abuse found
that cigarette smoking precedes and may be predictive of adolescent
illicit drug use.
(5)
The present legislative scheme of prohibiting sales of tobacco
products, alternative nicotine products and electronic cigarettes
to persons under the age of 21 has proven ineffective in preventing
such persons from using tobacco products, alternative nicotine products
and electronic cigarettes.
(6)
The enactment of this section directly pertains to and is in
furtherance of the health, welfare, and safety of the residents of
the City, particularly those residents under 21 years of age.
B.
ALTERNATIVE NICOTINE PRODUCT
ELECTRONIC CIGARETTE
(1)
(a)
(b)
(c)
(2)
TOBACCO PRODUCTS
VENDING MACHINE
For the purposes of this section, the following words and phrases
shall have the meanings respectively ascribed to them:
A product or device not consisting of or containing tobacco
that provides for the ingestion into the body of nicotine, whether
by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing,
or by any other means. "Alternative nicotine product" does not include:
cigarettes as defined in Section 1 of the Cigarette Tax Act (35 ILCS
130/1) and tobacco products as defined in Section 10-5 of the Tobacco
Products Tax Act of 1995 (35 ILCS 143/10-5); tobacco products and
electronic cigarettes as defined in this section; or any product approved
by the United States Food and Drug Administration for sale as a tobacco
cessation product, as a tobacco dependence product, or for other medical
purposes, and is being marketed and sold solely for that approved
purpose.
Means:
Any device that employs a battery or other mechanism to heat
a solution or substance to produce a vapor or aerosol intended for
inhalation;
Any cartridge or container of a solution or substance intended
to be used with or in the device or to refill the device; or
Any solution or substance, whether or not it contains nicotine,
intended for use in the device.
"Electronic cigarette" includes, but is not limited to, any
electronic nicotine delivery system, electronic cigar, electronic
cigarillo, electronic pipe, electronic hookah, vape pen, or similar
product or device, and any components or parts that can be used to
build the product or device. "Electronic cigarette" does not include:
cigarettes as defined in Section 1 of the Cigarette Tax Act (35 ILCS
130/1) and tobacco products as defined in Section 10-5 of the Tobacco
Products Tax Act of 1995 (35 ILCS 143/10-5); tobacco product and alternative
nicotine product as defined in this section; any product approved
by the United States Food and Drug Administration for sale as a tobacco
cessation product, as a tobacco dependence product, or for other medical
purposes, and is being marketed and sold solely for that approved
purpose; any asthma inhaler prescribed by a physician for that condition
and is being marketed and sold solely for that approved purpose; or
any therapeutic product approved for use under the Compassionate Use
of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.).
Any substance containing or made from tobacco, including,
but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing
tobacco or dipping tobacco and any other smokeless tobacco product
which contains tobacco that is finely cut, ground, powdered, or leaf
and intended to be placed in the oral cavity. "Tobacco products" includes
any component, part, or accessory of a tobacco product, whether or
not sold separately. "Tobacco product" does not include: an electronic
cigarette and alternative nicotine product as defined in this section;
or any product that has been approved by the United States Food and
Drug Administration for sale as a tobacco cessation product, as a
tobacco dependence product, or for other medical purposes, and is
being marketed and sold solely for that approved purpose.
Any mechanical, electric or electronic self-service device,
which, upon insertion of money, tokens or any other form of payment,
dispenses tobacco products, alternative nicotine products and electronic
cigarettes.
C.
It shall be unlawful to sell or offer for sale, at retail, to give
away, deliver or to keep with the intention of selling at retail,
giving away, or delivering tobacco products, alternative nicotine
products and electronic cigarettes within the City without having
first obtained a dealer's license therefor pursuant to this section.
Such license shall be in addition to any other license required by
this chapter.
D.
Application for a license hereunder shall be made, in writing, to the City Clerk and shall be processed in accordance with the provisions of § 142-2.2 of this chapter.
E.
It shall be unlawful for any person to sell, offer for sale, give
away, or deliver tobacco products, alternative nicotine products and
electronic cigarettes within 100 feet of any school, child-care facility,
or other building used for education or recreational programs for
persons under the age of 21 years.
F.
Sale
to and possession by minors.
(1)
It
shall be unlawful:
(a)
Sales to. For any person, including any licensee, to sell, offer
for sale, give away, or deliver tobacco products, alternative nicotine
products and electronic cigarettes to any person under the age of
21 years.
[1]
Signs informing the public of the age restrictions provided for herein
shall be posted by every licensee at or near every display of tobacco
products and on or upon every vending machine which offers tobacco
products for sale. Each such sign shall be plainly visible and shall
state:
|
THE SALE OF TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS
AND ELECTRONIC CIGARETTES TO PERSONS UNDER 21 YEARS OF AGE IS PROHIBITED
BY LAW.
|
[2]
The text of such signs shall be in red letters on a white background;
said letters to be at least one inch high.
(b)
Sale by. For any licensee or any officer, associate, member,
representative, agent, or employee of such licensee, to engage, employ,
or permit any person under 21 years of age to sell tobacco products,
alternative nicotine products and electronic cigarettes in any licensed
premises.
(c)
Purchase. For any person under the age of 21 years to purchase
tobacco products, alternative nicotine products and electronic cigarettes
or to misrepresent his identity or age or to use any false or altered
identifications for the purpose of purchasing tobacco products, alternative
nicotine products and electronic cigarettes.
(d)
Possession. For any person under the age of 21 years to possess
any tobacco products, alternative nicotine products and electronic
cigarettes; provided that the possession by a person under the age
of 21 years under the direct supervision of the parent or guardian
of such person in the privacy of the parent's or guardian's home shall
not be prohibited.
(2)
Penalties
generally. Any person violating any provision of this section shall
be fined not less than $200 nor more than $750 for each offense, and
a separate offense shall be deemed committed on each day during or
on which a violation occurs or continues. In addition to any other
penalty, a licensee convicted of violating any provision of this section
may be subject to having his license revoked, suspended or not renewed
by the City.
G.
It shall be unlawful for any licensee or any person in the business
of selling or otherwise distributing, promoting, or advertising tobacco
products, alternative nicotine products and electronic cigarettes,
or any employee or agent of any such licensee or person, in the course
of such licensee's or person's business, to distribute, give away
or deliver tobacco products, alternative nicotine products and electronic
cigarettes free of charge to any person on any right-of-way, park,
playground, or other property owned by the City, any school district,
any park district, or any public library.
H.
It shall be unlawful for any licensee to sell or offer for sale,
give away, deliver, or to keep with the intention of selling, giving
away, or delivering tobacco products, alternative nicotine products
and electronic cigarettes by use of a vending machine unless such
vending machine is equipped with a manual, electric or electronic
locking device controlled by the licensee so as to prevent its operation
by persons under the age of 21 years. Any premises where access by
persons under the age of 21 years is prohibited by law or premises
where the public is generally not permitted and where vending machines
are strictly for the use of employees of the business located at such
premises shall be exempt from the requirements of this section.
I.
The Mayor shall be charged with the administration of this section.
The Mayor may suspend or revoke any license issued under the provisions
of this section if he or she determines that the licensee has violated
any of the provisions hereof. In lieu of suspension or revocation
of a license, the Mayor may, instead, levy a fine on the licensee.
The fine imposed shall not be less than $75 and shall not exceed the
maximum amount of $750 for each violation. Each violation shall constitute
a separate offense and each day on which a violation continues shall
constitute a separate violation.
J.
Hearing; decisions; fees:
(1)
Notice of hearing. No such license shall be suspended or revoked
and no licensee shall be fined except after a public hearing by the
Mayor with a seven-day written notice to the licensee affording the
licensee an opportunity to appear and defend against the charges contained
in such notice. The seven-day notice provisions shall begin the day
following delivery by certified mail or by personal service.
(2)
Mayor's decision. The Mayor shall, within seven days after such
hearing, if he or she determines after such hearing that the license
should be revoked or suspended, or that the licensee should be fined,
state the reason for such determination in a written order and either
the amount of the fine, the period of suspension, or that the license
has been revoked and serve a copy of such order within said seven-day
period upon the licensee.
(3)
Fees.
(a)
Any licensee determined by the Mayor to have violated any of
the provisions of this section shall pay to the City the costs of
the hearing before the Mayor on such violation. The Mayor shall determine
the costs incurred by the City for said hearing, including, but not
limited to, court reporter's fees, the costs of transcripts or records,
attorneys' fees, the cost of preparing and mailing notices and orders,
and all other miscellaneous expenses incurred by the City or such
lesser sum as the Mayor may allow.
(b)
The licensee shall pay said costs to the City within 30 days
of notification of the costs by the Mayor. Failure to pay said costs
within 30 days of notification is a violation of this section and
may be cause for license suspension or revocation or the levy of a
fine.
K.
Use of premises after license revocation. When any license shall
have been revoked for any cause, no license shall be granted to said
licensee for the period of six months thereafter for the conduct of
the business of selling tobacco products, alternative nicotine products
and electronic cigarettes, as defined in this section, on the premises
described in such revoked license.
L.
Responsibility of licensee for agents and employees. Every act or
omission of whatsoever nature constituting a violation of any of the
provisions of this section by any officer, director, manager, or other
agent or employee of any licensee shall be deemed and held to be the
act of such licensee and such licensee shall be subject to punishment
in the same manner as if such act or omission had been done or committed
by the licensee personally.
[Amended 10-15-2018 by Ord. No. 3433]
A.
These provisions shall apply to mobile home parks, as defined by § 235-4 of the Municipal Code, which are located within the corporate boundaries of the City of Columbia.
B.
Mobile home parks shall be required to maintain an annual business license, the issuance of which shall require compliance with Chapter 235, Mobile Home Parks.
D.
No business license shall be issued or renewed for a mobile home park that, upon inspection, fails to comply with Chapter 235. Any mobile home park operating in violation of the provisions herein shall be subject to the maximum enforcement actions and penalties authorized by applicable sections of the Municipal Code.
