[HISTORY: Adopted by the City Council of
the City of Roseville 11-13-2018 by Ord. No. 1306[1]; amended in its entirety 8-23-2022 by Ord. No. 1330].
Subsequent amendments noted where applicable.]
This chapter shall be known and cited as the "City of Roseville
Tobacco Products, Vapor Products and Alternative Nicotine Products
Ordinance."
A.
The purpose of this chapter is to protect the public health, safety,
and welfare of the property and persons in the City by prohibiting
persons under 21 years of age from possessing tobacco products and
vapor products and prohibiting the sale of tobacco products and vapor
products to persons under 21 years of age.
B.
Persons under age 21 are prohibited by law from purchasing or possessing
cigarettes and other tobacco products, and retailers are prohibited
from selling them to minors. However, tobaccoless products, commonly
referred to as "electronic cigarettes," "e-cigarettes," "e-cigars,"
"e-cigarillos," "e-pipes," "e-hookahs," or "electronic nicotine delivery
systems," allow the user to simulate cigarette smoking and ingest
nicotine. These products may be purchased by minors and are being
marketed without age restrictions or health warnings and come in different
flavors that appeal to young people.
C.
Studies by the FDA have determined that e-cigarettes can increase
nicotine addiction among young people and contain chemical ingredients
known to be harmful, which may expose users and the public to potential
health risks. The use of e-cigarettes and similar devices has increased
significantly in recent years, as evidenced by the fact that:
(1)
Between 2011 and 2012, the percentage of all youth in grades 6 to
12 who had tried electronic smoking devices doubled.
(2)
6.8% of all youth between sixth and 12th grade report trying electronic
smoking devices.
(3)
10% of high school students have tried electronic smoking devices.
(4)
9.3% of youth who have used electronic smoking devices have never
smoked conventional cigarettes.
(5)
Between 2010 and 2011, rates of both awareness and use of unregulated
electronic smoking devices by adults also increased significantly.
(6)
The 2014 survey conducted by Monitoring the Future, released on December
16, 2014, by the National Institute on Drug Abuse, revealed recent
use by 8.7% of eighth graders, 16.2% of 10th graders, and 17.1% of
12th graders.
D.
Existing studies on electronic smoking devices' vapor emissions
and cartridge contents have found a number of dangerous substances,
including:
(1)
Chemicals known to cause cancer, such as formaldehyde, acetaldehyde,
lead, nickel, and chromium.
(2)
PM2.5, acrolein, tin, toluene, and aluminum, which are associated
with a range of negative health effects such as skin, eye, and respiratory
irritation, neurological effects, damage to reproductive systems,
and even premature death from heart attacks and stroke.
(3)
Inconsistent labeling of nicotine levels in electronic smoking device
products.
(4)
In one instance, diethylene glycol, an ingredient used in antifreeze
and toxic to humans.
E.
Some cartridges used by electronic smoking devices can be refilled
with liquid nicotine solution, creating the potential for exposure
to dangerous concentrations of nicotine, and as a result:
(1)
In one instance, diethylene glycol, an ingredient used in antifreeze
and toxic to humans.
(2)
Poisonings from electronic smoking devices have increased dramatically
in the last 3 1/2 years from "one [a month] in September 2010
to 215 a month in February 2014."
(3)
Analysis of reports of poisonings from electronic smoking devices
finds that calls reporting exposure to electronic smoking devices
are much more likely to involve adverse health effects when compared
to calls reporting exposure to conventional cigarettes.
F.
Clinical studies about the safety and efficacy of these products
have not been submitted to the FDA for the over 400 brands of electronic
smoking devices that are on the market and, for this reason, consumers
currently have no way of knowing:
G.
The World Health Organization has strongly advised consumers against
the use of electronic smoking devices until they are "deemed safe
and effective and of acceptable quality by a competent national regulatory
body."
H.
The World Medical Association has determined that electronic smoking
devices "are not comparable to scientifically proven methods of smoking
cessation" and that "neither their value as therapeutic aids for smoking
cessation nor their safety as cigarette replacements is established."
I.
In September of 2013, 40 state attorneys general (including Michigan's)
signed a letter to the Commissioner of the United States Food and
Drug Administration, outlining their concerns with e-cigarettes and
requesting the implementation of regulations that would address the
advertising, ingredients, and sale to minors of e-cigarettes at the
federal level.
J.
It is the intent of the City Council, in enacting this chapter, to
provide for the public health, safety, and welfare by facilitating
uniform and consistent enforcement of smoke-free air laws; by reducing
the potential for renormalizing smoking in public places and places
of employment; by reducing the potential for children to associate
the use of electronic smoking devices with a normative or healthy
lifestyle; and by prohibiting the sale or distribution of electronic
smoking devices to minors.
K.
Therefore, the City Council determines that prohibiting the sale,
giving, or furnishing of e-cigarettes to minors and prohibiting the
purchase, possession, or use of e-cigarettes by minors is in the City's
best interests and will promote the public health, safety, and welfare.
For purposes of this chapter, the City is adopting the term "vapor
product" to address e-cigarettes and all similar devices because this
term has been defined by the Michigan House and Senate in Senate Bills
667 and 668, enrolled in June of 2014, as part of proposed amendments
to the Youth Tobacco Act, being Public Act 31 of 1915.[1]
[1]
Editor's Note: See MCLA § 722.641 et seq.
For the purpose of construction and application of this chapter,
the following definitions shall apply:
A noncombustible product containing nicotine that is intended
for human consumption, whether chewed, absorbed, dissolved, or ingested
by any other means. An alternative nicotine product does not include
a tobacco product, a vapor product, food, or a product regulated as
a drug or device by the United States Food and Drug Administration
under 21 U.S.C. §§ 351 to 360fff-7.
An individual who is less than 21 years of age.
A person whose ordinary course of business consists, in whole
or in part, of the retail sale of vapor products.
A person whose ordinary course of business consists, in whole
or in part, of the retail sale of tobacco products subject to state
sales tax.
Either actual physical control of the tobacco product or
vapor product without necessarily owning that product, or the right
to control the product even though it is in a different room or place
than where the person is physically located.
A public street, sidewalk, or park or any area open to the
general public, a publicly owned or operated building or premises,
or in a public place of business.
A product that contains tobacco and is intended for human
consumption, including, but not limited to, cigarettes, noncigarette
smoking tobacco, or smokeless tobacco, as those terms are defined
in Section 2 of the Tobacco Products Tax Act,[1] cigars, chewing tobacco, and flavored tobacco (shisha).
"Tobacco product" does not include a vapor product or a product regulated
as a drug or device by the United States Food and Drug Administration.
To smoke, chew, suck, inhale, or otherwise consume a tobacco
product, vapor product, or alternative nicotine product.
A noncombustible product containing nicotine that employs
a heating element, power source, electronic circuit, or other electronic,
chemical, or mechanical means, regardless of shape or size, that can
be used to produce vapor from nicotine in a solution or other form.
"Vapor product" includes an electronic cigarette, electronic cigar,
electronic cigarillo, electronic pipe, or similar product or device
and a vapor cartridge or other container of nicotine in a solution
or other form that is intended to be used with or in an electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe,
or similar product or device. "Vapor product" does not include a product
regulated as a drug or device by the United States Food and Drug Administration.
[1]
Editor's Note: See MCLA § 205.422.
A.
Subject to Subsection C of this section, a minor shall not do any of the following:
(1)
Purchase or attempt to purchase a tobacco product, vapor product
or alternative nicotine product.
(2)
Possess or attempt to possess a tobacco product, vapor product or
alternative nicotine product.
(3)
Use a tobacco product, vapor product or alternative nicotine product
in a public place.
(4)
Present or offer to an individual a purported proof of age that is
false, fraudulent, or not actually his or her own proof of age for
the purpose of purchasing, attempting to purchase, possessing, or
attempting to possess a tobacco product, vapor product or alternative
nicotine product.
B.
An individual who violates Subsection A of this section is subject to the following:
(1)
The first violation is a municipal civil infraction, punishable by
a fine up to $500 for each violation, except that the fine will be
$50 for each violation cited on a single municipal civil infraction
citation if the individual completes a health promotion and risk reduction
program approved by the Police Department or 39th District Court,
either within 30 days of receiving the citation or prior to entering
a plea of responsibility at the district court.
(2)
A second violation or subsequent violation shall be a misdemeanor,
punishable by a fine up to $500. The court may order the individual
to complete a health promotion and risk reduction program and perform
not more than 40 hours of community service.
C.
Subsection A of this section does not apply to a minor participating in any of the following:
(1)
An undercover operation in which the minor purchases or receives
a tobacco product, vapor product or alternative nicotine product under
the direction of the minor's employer and with the prior approval
of the local prosecutor's office as part of an employer-sponsored
internal enforcement action.
(2)
An undercover operation in which the minor purchases or receives
a tobacco product, vapor product or alternative nicotine product under
the direction of the state police or a local police agency as part
of an enforcement action, unless the initial or contemporaneous purchase
or receipt of the tobacco product, vapor product or alternative nicotine
product by the minor was not under the direction of the state police
or the local police agency and was not part of the undercover operation.
(3)
Compliance checks in which the minor attempts to purchase tobacco
products for the purpose of satisfying federal substance abuse block
grant youth tobacco access requirements, if the compliance checks
are conducted under the direction of a substance abuse coordinating
agency as defined in the Public Health Code, 1978 PA 368, MCLA § 333.6103,[1] and with the prior approval of the state police or a local
police agency.
[1]
Editor's Note: MCLA § 333.6103 was repealed
by P.A. 2012, No. 500, § 1(a), immediately effective 12-28-2012.
A primary caretaker having custody or control of a minor who violates § 313-3 shall be responsible for a municipal civil infraction and a fine of up to $500 for knowingly allowing or, through lack of supervision, allowing the minor to violate § 313-3. The fine will be $50 if the primary caretaker completes a health promotion and risk reduction program approved by the Police Department or 39th District Court, either within 30 days of receiving the citation or prior to entering a plea of responsibility at the district court.
A.
Except as otherwise provided in Subsection B of this section, a person who sells tobacco products at retail shall not sell a cigarette separately from its package.
A.
A person shall not sell, give, or furnish a tobacco product, vapor product or alternative nicotine product to a minor, including, but not limited to, through a vending machine. A person who violates this subsection or Subsection H of this section is guilty of a misdemeanor punishable by a fine of not more than $100 for each violation.
B.
A person who sells tobacco products, vapor products or alternative
nicotine products at retail shall post, in a place close to the point
of sale and conspicuous to both employees and customers, a sign that
includes the following statement:
The purchase of a tobacco product, vapor product or alternative
nicotine product by a minor under 21 years of age and the provision
of a tobacco product, vapor product or alternative nicotine product
to a minor are prohibited by law. A minor who unlawfully purchases
or uses a tobacco product, vapor product or alternative nicotine product
is subject to criminal penalties.
C.
If the sign required under Subsection B of this section is more than six feet from the point of sale, it shall be 5 1/2 inches by 8 1/2 inches and the statement required under Subsection B shall be printed in thirty-six-point boldfaced type. If the sign required under Subsection B is six feet or less from the point of sale, it shall be two inches by four inches and the statement required under Subsection B shall be printed in twenty-point boldfaced type.
D.
The signs required by Subsection C of this section may be procured from the Department of Community Health pursuant to state law. The seller may add the "vapor product" and "alternative nicotine product" language to the sign if the Department of Community Health does not or will not include it.
E.
It is an affirmative defense to a charge under Subsection A of this section that the defendant had in force at the time of arrest and continues to have in force a written policy to prevent the sale of tobacco products, vapor products and alternative nicotine products to persons under 21 years of age and that the defendant enforced and continues to enforce the policy. A defendant who proposes to offer evidence of the affirmative defense described in this subsection shall file and serve notice of the defense, in writing, with the court and serve a copy of the notice on the City Attorney. The defendant shall serve the notice not less than 14 days before the date set for trial.
F.
If the City Attorney proposes to offer testimony to rebut the affirmative defense described in Subsection E of this section, the City Attorney shall file a notice of rebuttal, in writing, with the court and serve a copy of the notice on the defendant. The City Attorney shall serve the notice not less than seven days before the date set for trial and shall include in the notice the name and address of each rebuttal witness.
G.
Subsection A of this section does not apply to the handling or transportation of a tobacco product, vapor or alternative nicotine product product by a minor under the terms of the minor's employment.
H.
Before selling, offering for sale, giving, or furnishing a vapor
product or alternative nicotine product to an individual, a person
shall verify that the individual is at least 21 years of age by doing
one of the following:
(1)
If the individual appears to be under 27 years of age, examining
a government-issued photographic identification that establishes that
the individual is at least 21 years of age.
(2)
For sales made by the internet or other remote sales method, performing
an age verification through an independent, third-party age verification
service that compares information available from a commercially available
database, or aggregate of databases, that are regularly used by government
agencies and businesses for the purpose of age and identity verification
to the personal information entered by the individual during the ordering
process that establishes that the individual is 21 years of age or
older.
