[HISTORY: Adopted by the City Council of the City of Roseville 11-13-2018 by Ord. No. 1306. Amendments noted where applicable.]
Controlled substances — See Ch. 109.
Minors — See Ch. 197.
Peace and good order — See Ch. 217.
This chapter shall be known and cited as the "City of Roseville Tobacco Products and Vapor Products Ordinance."
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 18 years of age from possessing tobacco products and vapor products and prohibiting the sale of tobacco products and vapor products to persons under 18 years of age.
Persons under age 18 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.
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:
Between 2011 and 2012, the percentage of all youth in grades 6 to 12 who had tried electronic smoking devices doubled.
6.8% of all youth between sixth and 12th grade report trying electronic smoking devices.
10% of high school students have tried electronic smoking devices.
9.3% of youth who have used electronic smoking devices have never smoked conventional cigarettes.
Between 2010 and 2011, rates of both awareness and use of unregulated electronic smoking devices by adults also increased significantly.
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.
Existing studies on electronic smoking devices' vapor emissions and cartridge contents have found a number of dangerous substances, including:
Chemicals known to cause cancer, such as formaldehyde, acetaldehyde, lead, nickel, and chromium.
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.
Inconsistent labeling of nicotine levels in electronic smoking device products.
In one instance, diethylene glycol, an ingredient used in antifreeze and toxic to humans.
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:
In one instance, diethylene glycol, an ingredient used in antifreeze and toxic to humans.
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."
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.
Clinical studies about the safety and efficacy of these products have not been submitted to the Food and Drug Administration 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:
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."
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."
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.
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.
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.
Editor's Note: See MCLA § 722.641 et seq.
For the purpose of construction and application of this chapter, the following definitions shall apply:
- An individual who is less than 18 years of age.
- PERSON WHO SELLS VAPOR PRODUCTS AT RETAIL
- A person whose ordinary course of business consists, in whole or in part, of the retail sale of vapor products.
- PERSON WHO SELLS TOBACCO PRODUCTS AT RETAIL
- 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.
- POSSESS A TOBACCO PRODUCT OR VAPOR PRODUCT
- Shall mean 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.
- PUBLIC PLACE
- 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.
- TOBACCO PRODUCT
- 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, 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.
- USE OF A TOBACCO PRODUCT OR VAPOR PRODUCT
- To smoke, chew, suck, inhale, or otherwise consume a tobacco product or vapor product.
- VAPOR 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.
Editor's Note: See MCLA § 205.421 et seq.
Subject to Subsection C of this section, a minor shall not do any of the following:
Purchase or attempt to purchase a tobacco product or vapor product.
Possess or attempt to possess a tobacco product or vapor product.
Use a tobacco product or vapor product in a public place.
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 or vapor product.
An individual who violates Subsection A of this section is subject to the following:
The first violation is a municipal civil infraction, punishable by a fine of $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.
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.
Subsection A of this section does not apply to a minor participating in any of the following:
An undercover operation in which the minor purchases or receives a tobacco product or vapor 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.
An undercover operation in which the minor purchases or receives a tobacco product or vapor 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 or vapor 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.
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 P.A. 368, MCLA 333.6103, and with the prior approval of the state police or a local police agency.
Editor's Note: MCLA § 333.6103 was repealed by P.A. 2012, No. 500, § 1(a), immediately effective 12-28-2012.
Subsection A of this section does not apply to the handling or transportation of a tobacco product or vapor product by a minor under the terms of that minor's employment.
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 $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.
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.
Subsection A of this section does not apply to a person who sells tobacco products at retail in a tobacco specialty retail store or other retail store that deals exclusively in the sale of tobacco products and smoking paraphernalia.
A person shall not sell, give, or furnish a tobacco product or vapor 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 $50 for each violation.
A person who sells tobacco products or vapor 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 or vapor product by a minor under 18 years of age and the provision of a tobacco product or vapor product to a minor are prohibited by law. A minor who unlawfully purchases or uses a tobacco product or vapor product is subject to criminal penalties.
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.
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" language to the sign if the Department of Community Health does not or will not include it.
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 and vapor products to persons under 18 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.
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.
Subsection A of this section does not apply to the handling or transportation of a tobacco product or vapor product by a minor under the terms of the minor's employment.
Before selling, offering for sale, giving, or furnishing a vapor product to an individual, a person shall verify that the individual is at least 18 years of age by doing one of the following:
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 18 years of age.
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 is 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 18 years of age or older.