The City Council recognizes the inherent danger of tobacco products
and that the use of tobacco products has devastating health and economic
consequences. The City Council further recognizes that tobacco use
is the leading cause of preventable illness and death in the United
States, and that tobacco product use is started and established primarily
during adolescence.
Allowing flavored tobacco products to be sold in the City increases
access to these harmful and dangerous products. To that end, no flavored
tobacco products shall be sold in the City except as specifically
enumerated below.
(Ord. 2019-1191 § 3)
For purposes of this chapter, the following definitions shall
apply:
"Characterizing flavor"
means a distinguishable taste or aroma or both, other than
the taste or aroma of tobacco, imparted by a tobacco product or any
byproduct produced by the tobacco product. Characterizing flavors
include, but are not limited to, tastes or aromas relating to any
fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alco-holic
beverage, menthol, mint, wintergreen, herb, or spice. A tobacco product
shall not be determined to have a characterizing flavor solely because
of the use of additives or flavorings or the provision of ingredient
information. Rather, it is the presence of a distinguishable taste
or aroma or both, as described in the first sentence of this definition,
that constitutes a characterizing flavor.
"Distribute" or "distribution"
means the transfer, by any person other than a common carrier,
of a tobacco product at any point from the place of manufacture or
thereafter to the person who sells the tobacco product to an individual
for personal consumption.
"Flavored tobacco product"
means any tobacco product that imparts a characterizing flavor.
A public statement or claim made or disseminated by the manufacturer
of a tobacco product, or by any person authorized or permitted by
the manufacturer to make or disseminate public statements concerning
such tobacco product, that such tobacco product has or produces a
characterizing flavor shall constitute presumptive evidence that the
tobacco product is a flavored tobacco product.
"Sell," "sale," and "to sell"
mean any transaction where, for any consideration, ownership
of a tobacco product is transferred from one person to another, including,
but not limited to, any transfer or title or possession for consideration,
exchange, or barter, in any manner or by any means.
"Tobacco product"
means any tobacco cigarette, electronic cigarette cartridge,
cigar, pipe tobacco, smokeless tobacco, snuff or any other form of
tobacco which may be utilized for smoking, chewing, inhaling, vaping
or other manner of ingestion.
(Ord. 2019-1191 § 3)
Nothing in this chapter shall be interpreted or applied so as
to create any requirement, power, or duty that is preempted by federal
or state law.
(Ord. 2019-1191 § 3)
If any section, subsection, sentence, clause, phrase, or word
of this chapter, or any application thereof to any person or circumstance,
is held to be invalid or unconstitutional by a decision of a court
of competent jurisdiction, such decision shall not affect the validity
of the remaining portions or applications of this chapter. The City
Council declares that it would have adopted each section, subsection,
subdivision, paragraph, sentence, clause or phrase hereof, irrespective
of the fact that any one or more other sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases hereof be declared invalid
or unenforceable.
(Ord. 2019-1191 § 3)