[HISTORY: Adopted by the City Council of the City of Marion
as Ch. 121 of the 2000 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A product, not consisting of or containing tobacco, that
provides for the ingestion into the body of nicotine, whether by chewing,
absorbing, dissolving, inhaling, snorting or sniffing, or by any other
means. "Alternative nicotine product" does not include cigarettes,
tobacco products or vapor products, or a product that is regulated
as a drug or device by the United States Food and Drug Administration
under Chapter V of the federal Food, Drug, and Cosmetic Act.[1]
[Added 3-23-2023 by Ord.
No. 23-02]
Any roll for smoking made wholly or in part of tobacco, or
any substitute for tobacco, irrespective of size or shape and irrespective
of tobacco or any substitute for tobacco being flavored, adulterated
or mixed with any other ingredient, where such roll has a wrapper
or cover made of paper or any other material. However, this definition
is not to be construed to include cigars.
A container of any kind in which cigarettes or tobacco products,
alternative nicotine products or vapor products are offered for sale,
sold or otherwise distributed to consumers.
[Amended 3-23-2023 by Ord. No. 23-02]
Means and includes any place where cigarettes are sold or
where cigarettes are stored within or without the State of Iowa by
the holder of an Iowa permit or kept for the purpose of sale or consumption;
or if sold from any vehicle or train, the vehicle or train on which
or from which such cigarettes are sold shall constitute a place of
business; or for a business within or without the state that conducts
delivery sales, any place where alternative nicotine products or vapor
products are sold or where alternative nicotine products or vapor
products are kept for the purpose of sale.
[Amended 3-23-2023 by Ord. No. 23-02]
Every person who sells, distributes or offers for sale for
consumption, or possesses for the purpose of sale for consumption,
cigarettes, alternative nicotine products or vapor products, irrespective
of the quantity or amount or the number of sales.
[Amended 3-23-2023 by Ord. No. 23-02]
Any manner of product display, placement or storage from
which a person purchasing the product may take possession of the product,
prior to purchase, without assistance from the retailer or employee
of the retailer, in removing the product from a restricted access
location.
The following: cigars; little cigars; cheroots; stogies;
periques; granulated, plug cut, crimp cut, ready-rubbed and other
smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco;
fine-cut and other chewing or dissolving tobaccos; shorts or refuse
scraps, clippings, cuttings and sweepings of tobacco; and other kinds
and forms of tobacco prepared in such manner as to be suitable for
chewing or smoking in a pipe or otherwise, or for both chewing and
smoking, but does not mean cigarettes.
[Ord. No. 12-04]
Any noncombustible product, which may or may not contain
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 a solution
or other substance. "Vapor product" includes an electronic cigarette,
electronic cigar, electronic cigarillo, electronic pipe or similar
product or device, and any cartridge or other container of a solution
or other substance, which may or may not contain nicotine, 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 under
Chapter V of the federal Food, Drug, and Cosmetic Act.
[Added 3-23-2023 by Ord.
No. 23-02]
[1]
Editor's Note: The definition of "carton," which immediately
followed this definition, was repealed 3-23-2023 by Ord. No. 23-02.
[Amended 3-23-2023 by Ord. No. 23-02]
It is unlawful for any person, other than a holder of a retail
permit, to sell cigarettes at retail and no retailer shall distribute,
sell or solicit the sale of any cigarettes, alternative nicotine products
or vapor products within the City without a valid permit for each
place of business. The permit shall be displayed publicly in the place
of business so that it can be seen easily by the public. No permit
shall be issued to a minor.
[Amended 3-23-2023 by Ord. No. 23-02]
A completed application on forms provided by the State Department
of Revenue and accompanied by the required fee shall be filed with
the Clerk. Renewal applications shall be filed at least five days
prior to the last regular meeting of the Council in June. If a renewal
application is not timely filed, and a special Council meeting is
called to act on the application, the costs of such special meeting
shall be paid by the applicant.
[Amended 3-23-2023 by Ord. No. 23-02]
The fee for a retail cigarette permit or for retailers engaged
in selling, offering for sale or distributing alternative nicotine
products or vapor products shall be as set forth in Iowa Code § 453A.13.
[Ord. No. 00-27]
Upon proper application and payment of the required fee, a permit
shall be issued. Each permit issued shall describe clearly the place
of business for which it is issued and shall be nonassignable. All
permits expire on June 30 of each year. The Clerk shall submit a duplicate
of any application for a permit, and any permit issued, to the Iowa
Department of Public Health within 30 days of issuance.
A retailer may surrender an unrevoked permit and receive a refund
from the City, except during April, May or June, in accordance with
the schedule of refunds as provided in § 453A.13 of the
Code of Iowa.
[Ord. No. 12-04; amended 3-23-2023 by Ord. No. 23-02]
A.
No person
shall sell, give or otherwise supply any tobacco, tobacco products
or cigarettes, alternative nicotine products or vapor products to
any person under 21 years of age. The provision of this section includes
prohibiting a minor from purchasing cigarettes or tobacco products,
alternative nicotine products or vapor products from a vending machine.
B.
If a retailer
or employee of a retailer violates the provisions of this section,
the Council shall, after written notice and hearing, and in addition
to the other penalties fixed for such violation, assess the following:
(1)
For a first violation, the
retailer shall be assessed a civil penalty in the amount of $300.
Failure to pay the civil penalty as ordered under this subsection
shall result in automatic suspension of the permit for a period of
14 days.
(2)
For a second violation within
a period of two years, the retailer shall be assessed a civil penalty
in the amount of $1,500 or the retailer's permit shall be suspended
for a period of 30 days. The retailer may select its preference in
the penalty to be applied under this subsection.
(3)
For a third violation within
a period of three years, the retailer shall be assessed a civil penalty
in the amount of $1,500 and the retailer's permit shall be suspended
for a period of 30 days.
(4)
For
a fourth violation within a period of three years, the retailer shall
be assessed a civil penalty in the amount of $1,500 and the retailer's
permit shall be suspended for a period of 60 days.
(5)
For
a fifth violation within a period of four years, the retailer's permit
shall be revoked.
C.
The Chief of Police or designee
shall give written notice as provided by state law to the retailer
by mailing a copy of the notice to the place of business as it appears
on the application for a permit. The notice shall state the reason
for the contemplated action and the time and place at which the retailer
may appear and be heard.
[Amended 3-23-2023 by Ord. No. 23-02]
Except for the sale of cigarettes through a cigarette vending
machine as provided in § 453A.36(6) of the Code of Iowa,
a retailer shall not sell or offer for sale tobacco or tobacco products,
alternative nicotine products or vapor products through the use of
a self-service display.
[Ord. No. 00-27; amended 3-23-2023 by Ord. No. 23-02]
Following a written notice and an opportunity for a hearing,
as provided by the Code of Iowa, the Council may also revoke a permit
issued pursuant to this chapter for a violation of Subchapter I of
Chapter 453A of the Code of Iowa or any rule adopted thereunder. If
a permit is revoked, a new permit shall not be issued to the permit
holder for any place of business, or to any other person for the place
of business at which the violation occurred, until one year has expired
from the date of revocation, unless good cause to the contrary is
shown to the Council. The Clerk shall report the revocation or suspension
of a retail permit to the Iowa Department of Commerce within 30 days
of the revocation or suspension.
