Code of Ordinances Amendment - Title 7-5A-15 Age of Sale of Tobacco Products Copyrighted
August 3, 2020
City of Dubuque Action Items # 5.
City Council Meeting
ITEM TITLE: Code of OrdinancesAmendmentTitle 7-5A-15 Tobacco Products
SUM MARY: City Manager recommending approval to amend City Code Ordinance 7-
5A-15: Tobacco Products to Underage Persons to increase the legal
age to purchase or possess tobacco products to 21 years of age, which
will bring the City ordinance in line with the State Code.
ORDINANCE amending City of Dubuque code of Ordinances Title 7
Police, Fire, and Public Safety, chapter 5 Offenses,Article A General
Offenses, Section 7-5A-15 Tobacco Products to Underage Persons
SUGGESTED Suggested Disposition: Receive and File; Motion B; MotionA
DISPOSITION:
ATTACHMENTS:
Description Type
City Code Ordinance Amendment 7-5A-15-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Ordinance Amendment Chapter 7-51-15 Ordinance
Suggested Motion Wording Supporting Documentation
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: City Code Ordinance Amendment 7-5A-15: Tobacco Products to
Underage Persons
DATE: July 24, 2020
Chief of Police Mark Dalsing recommends City Council approval to amend City Code
Ordinance 7-5A-15: Tobacco Products to Underage Persons to increase the legal age
to purchase or possess tobacco products to 21 years of age, which will bring the City
ordinance in line with the State Code.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Mark M. Dalsing, Chief of Police
THE CITY OF
DUB E MEMORANDUM
Mr�ste����iece on the Misszssippi
July 24, 2020
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: City Code Ordinance Amendment to 7-5A-15: Tobacco Products to Underage
Persons
INTRODUCTION
This memo will address amending City Code ordinances 7-5A-15: Tobacco Products to
Underage Persons.
BACKGROUND
lowa Senate File 2268 raised the legal age to purchase and possess tobacco products
to 21 years of age on July 1, 2020. The City of Dubuque's words its ordinances to mirror
the State Code. Attached is an updated chapter 7-5A-15: Tobacco Products to
Underage Persons as prepared by the City Attorney's Office which will bring the City
Ordinance in line with the State Code.
RECOMMENDATION
I recommend City ordinances 7-5A-15: Tobacco Products to Underage Persons, be
amended as shown to increase the legal age to purchase or possession of tobacco
products to 21 years of age.
ACTION REQUESTED
City manager review, approval and recommendation to the City Council to approve the
changes to 7-5A-15: Tobacco Products to Underage Persons.
Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 29-20
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE
AND PUBLIC SAFETY, CHAPTER 5 OFFENSES, ARTICLE A GENERAL OFFENSES,
SECTION 7-5A-15 TOBACCO PRODUCTS TO UNDERAGE PERSONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 7-5A-15 of the City of Dubuque Code of Ordinances is amended
to read as follows:
7-5A-15: TOBACCO PRODUCTS TO UNDERAGE PERSONS:
A. Restrictions:
1. A person shall not sell, give, or otherwise supply any tobacco, tobacco
products, alternative nicotine products, vapor products, or cigarettes to any person
under twenty-one (21) years of age.
2. A person under twenty-one (21) years of age shall not smoke, use, possess,
purchase, or attempt to purchase any tobacco, tobacco products, alternative
nicotine products, vapor products, or cigarettes.
3. Possession of tobacco, tobacco products, alternative nicotine products,
vapor products, or cigarettes by an individual under twenty-one (21) years of age
does not constitute a violation under this section if the individual under twenty-one
(21) years of age possesses the tobacco, tobacco products, alternative nicotine
products, vapor products, or cigarettes as part of the individual's employment and
the individual is employed by a person who holds a valid permit under the Iowa
Code or who lawfully offers for sale or sells cigarettes or tobacco products.
4. a. A person shall not be guilty of a violation of this section if conduct
that would otherwise constitute a violation is performed to assess
compliance with tobacco, tobacco products, alternative nicotine products,
vapor products, or cigarette laws if any of the following applies:
(1) The compliance effort is conducted by or under the
supervision of law enforcement officers.
(2) The compliance effort is conducted with the advance
knowledge of law enforcement officers and reasonable measures
are adopted by those conducting the effort to ensure that use of
tobacco, tobacco products, alternative nicotine products, vapor
products, or cigarettes by individuals under twenty-one (21) years of
age does not result from participation by any individual under twenty-
one (21) years of age in the compliance effort.
b. For the purposes of this subsection, "law enforcement officer" means
a peace officer as defined in Iowa Code section 801.4 and includes persons
designated under this subsection to enforce this section.
B. Penalty:
1. a. A person, other than a retailer, who violates subsection Al of this
section, is guilty of a simple misdemeanor.
b. An employee of a retailer who violates subsection Al of this section,
commits a simple misdemeanor punishable as a scheduled violation under
Iowa Code section 805.8C.
2. A person who violates subsection A2 of this section, is subject to the
,following, as applicable:
a. A civil penalty pursuant to Iowa Code section 805.8C.
b. For a first offense, performance of eight (8) hours of community work
requirements, unless waived by the court.
c. For a second offense, performance of twelve (12) hours of
community work requirements.
d. For a third or subsequent offense, performance of sixteen (16) hours
of community work requirements.
Section 2. This Ordinance takes effect on publication.
Passed, approved, and adopted the 3rd day of August 2020.
Roy r Buol, Mayor
Attest:
Kevirn S. Firnstahl; City Clerk
EFFECT OF AMENDMENT
7-5A-15: TOBACCO PRODUCTS TO UNDERAGE PERSONS:
A. Restrictions:
1. A person shall not sell, give, or otherwise supply any tobacco, tobacco
products, alternative nicotine products, vapor products, or cigarettes to any person
under twenty-one (21) years of age.
2. A person under twenty-one (21)years of age shall not smoke, use, possess,
purchase, or attempt to purchase any tobacco, tobacco products, alternative
nicotine products, vapor products, or cigarettes.
3. Possession of tobacco, tobacco products, alternative nicotine products,
vapor products, or cigarettes by an individual under twenty-one (21) years of age
does not constitute a violation under this section if the individual under twenty-one
(21) years of age possesses the tobacco, tobacco products, alternative nicotine
products, vapor products, or cigarettes as part of the individual's employment and
the individual is employed by a person who holds a valid permit under the lowa
Code or who lawfully offers for sale or sells cigarettes or tobacco products.
4. a. A person shall not be guilty of a violation of this section if conduct
that would otherwise constitute a violation is performed to assess
compliance with tobacco, tobacco products, alternative nicotine products,
vapor products, or cigarette laws if any of the following applies:
(1) The compliance effort is conducted by or under the
supervision of law enforcement officers.
(2) The compliance effort is conducted with the advance
knowledge of law enforcement officers and reasonable measures
are adopted by those conducting the effort to ensure that use of
tobacco, tobacco products, alternative nicotine products, vapor
products, or cigarettes by individuals under twenty-one (21) years of
age does not result from participation by any individual under twenty-
one (21) years of age in the compliance effort.
b. For the purposes of this subsection, "law enforcement officer" means
a peace officer as defined in lowa Code section 801.4 and includes persons
designated under this subsection to enforce this section.
B. Penalty:
1. a. A person, other than a retailer, who violates subsection A1 of this
section, is guilty of a simple misdemeanor.
b. An employee of a retailer who violates subsection A1 of this section,
commits a simple misdemeanor punishable as a scheduled violation under
lowa Code section 805.8C.
2. A person who violates subsection A2 of this section, is subject to the
following, as applicable:
a. A civil penalty pursuant to lowa Code section 805.8C.
b. For a first offense, perFormance of eight (8) hours of community work
requirements, unless waived by the court.
c. For a second offense, performance of twelve (12) hours of
community work requirements.
d. For a third or subsequent offense, perFormance of sixteen (16) hours
of community work requirements.
Suggested Motion Wording for Ordinances - Motion B / Motion A
Motion B
I move to receive and file the communications and further move that the requirement
that a proposed Ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which is to be finally passed be suspended.
Second & vote called; then:
Motion A
I move final consideration and passage of the Ordinance.
Second & vote called
If Motion B does not pass:
I move to receive and file the communications and I move first (or second) consideration
of the Ordinance.
Upon third reading:
I move final consideration and passage of the Ordinance.
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
08/07/2020
and for which the charge is 41.47
Subscribed to before me, a Notary blic in and for
Dubuque County, Iowa,
this 7th day of August, 2020
Nota " ublic in and for Dubuque "' aunty, Iowa.
JANET K. PAPE
Commission Number 199559
My Comm. Exp, DEC 11, 2022
Ad text : OFFICIAL
PUBLICATION
ORDINANCE NO. 29-20
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE,
FIRE AND PUBLIC SAFETY, CHAPTER 5 OFFENSES, ARTICLE A GENERAL
OFFENSES, SECTION 7-5A-15 TOBACCO PRODUCTS TO UNDERAGE PERSONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Section 7-5A-15 of the City of Dubuque Code of
Ordinances is amended to read as follows:
7-5A-15: TOBACCO PRODUCTS TO UNDERAGE PERSONS:
A. Restrictions:
1. A person shall not sell, give, or otherwise supply any
tobacco, tobacco products, alternative nicotine pro -ducts,
vapor products, or cigarettes to any person under twenty-one
(21) years of age.
2. "A person under twenty-one (21) years of age shall not
smoke, use, possess, purchase, or attempt to purchase any
tobacco, tobacco products, alternative nicotine products,
vapor products, or cigar-ettes.
3. "Possession of tobacco, tobacco products, alternative
nicotine products, vapor products, or cigarettes by an
individual under twenty-one (21) years of age does not
constitute a violation under this section if the individual
under twenty-one (21) years of age possesses the tobacco,
tobacco products, alternative nicotine pro -ducts, vapor
products, or cigarettes as part of the individual's employment
and the individual is employed by a person who holds a valid
permit under the Iowa Code or who lawfully offers for sale or
sells cigarettes or tobacco products.
4. "a. A person shall not be guilty of a violation of this
section if conduct that would otherwise constitute a violation
is performed to assess compliance with tobacco, tobacco
products, alternative nicotine products, vapor products, or
ciga-rette laws if any of the following applies:
(1)"The compliance effort is conducted by or under the
supervision of law enforcement officers.
(2)"The compliance effort is conducted with the advance
knowledge of law enforcement officers and reasonable measures
are adopted by those conducting the effort to ensure that use
of tobacco, tobacco products, alternative nicotine products,
vapor products, or cigarettes by individuals under twenty-one
(21) years of age does not result from participation by any
individual under twenty-one (21) years of age in the
compliance effort.
b. "For the purposes of this subsection, "law enforcement
officer" means a peace officer as defined in Iowa Code section
801.4 and includes persons designated under this subsection to
enforce this section.
B. "Penalty:
1. "a. "A person, other than a retailer, who violates
subsection Al of this section, is guilty of a simple
misdemeanor.
b. "An employee of a retailer who violates subsection Al of
this section, commits a simple misdemeanor punishable as a
scheduled violation under Iowa Code section 805.8C.
2. "A person who violates subsection A2 of this section, is
subject to the following, as applicable:
a. "A civil penalty pursuant to Iowa Code section 805.8C.
b. "For a first offense, performance of eight (8) hours of
community work requirements, unless waived by the court.
c. "For a second offense, performance of twelve (12) hours of
community work requirements.
d. "For a third or subsequent offense, performance of sixteen
(16) hours of community work requirements.
Section 2. This Ordinance takes effect on publication.
Passed, approved, and adopted the 3rd day of August 2020.
Roy D. Buol, Mayor
Attest:
Kevin S. Fimstahl,
City Clerk
Published officially in the Telegraph Herald newspaper on
the 7th day of August 2020.
/s/Kevin S. Fimstahl, City Clerk
It 8/7
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