Code of Ordinances Amendment - Title 7 Tobacco Products to Underage Persons Copyright 2014
City of Dubuque Action Items # 7.
ITEM TITLE: Code of Ordinances Amendment- Title 7 Tobacco
Products to Underage Persons
SUMMARY: City Manager recommending approval of an amendment to
the City of Dubuque Code of Ordinances Section 7-5A-15,
Tobacco Products to Underage Persons, to mirror the Iowa
Code, which includes vapor and tobacco alternatives.
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 to mirror the State
Code
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
Tobacco Products to Underage Persons-MVM Memo City Manager Memo
Staff Memo Staff Memo
Ordinance Ordinance
Suggested Motion Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Tobacco Products to Underage Persons
DATE: May 9, 2016
Assistant City Attorney Maureen Quann recommends City Council approval of an
amendment to the City of Dubuque Code of Ordinances Section 7-5A-15, Tobacco
Products to Underage Persons, to mirror the Iowa Code, which includes vapor and
tobacco alternatives.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Maureen Quann, Assistant City Attorney
Mark Dalsing, Chief of Police
THE CITY OF
DUBbE MEMORANDUM
Masterpiece on the Mississippi
MAUREEN A. QUANN, ESQ.
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: May 2, 2016
RE: Tobacco Products to Underage Persons
Attached please find an amendment to the City of Dubuque Code of Ordinances
Section 7-5A-15, Tobacco Products to Underage Persons. The result of the
amendment is that the City Code now mirrors the Iowa Code, which includes vapor and
tobacco alternatives.
I request that the ordinance is reviewed and forwarded to the City Council for
consideration and approval. Please let me know if you have any questions.
Thank you.
MAQ:jmg
Attachments
cc: Mark Dalsing, Chief of Police
Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 17-16
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
TO MIRROR THE STATE CODE
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 eighteen (18) years of age.
2. A person under eighteen (18) 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 eighteen (18) years of age
does not constitute a violation under this section if the individual under eighteen
(18) 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 eighteen (18) years of
age does not result from participation by any individual under
eighteen (18) 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 upon publication.
Passed, approved, and adopted the 16th day of May, 2016.
Roy D. Buol, Ij61' yor
Attest:
Kevin St Firnstahl, City 2S +rk
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 eighteen (18) years of age.
2. A person under eighteen (18) 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 9F tebaGGG pFedu by an individual under eighteen
(18) years of age does not constitute a violation under this section if the
individual under eighteen (18) years of age possesses the tobacco, tobacco
products, alternative nicotine products, vapor products, or cigarettes Pr tebasse
preduGtGas 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
eighteen (18) years of age does not result from participation by any
individual under eighteen (18) 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.
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, 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: May 20, 2016, and for which the charge is $38.49.
Subscribed to before m a Notary Public in and for Dubuque County, Iowa,
,20,/G .
this t.,..11z& day of
Notary Public in and for Dubuque County, Iowa.
ARY K. WESTERMEYER
Commission Number 154885
>,'
My Comm. Exp. FEB, 1, 2017
tion of this section if
OFFICIAL conduct that would
PUBLICATION otherwise constitute a
ORDINANCE NO. 17-16 violation is performed
AMENDING CITY to .assess. compliance
OF DUBUQUE CODE with tobacco, tobacco
OF :ORDINANCES TI- ` produets alternative
TLE 7; POLICE, ,FIRE nicotine products, .va- { "
AND ;PUBLIC SAFETY, . por products, or. ciga-
CHAPTER 5 OFFENS- rette laws if any of the
ES, ARTICLE A ,GEN- following, applies: .
ERAL OFFENSES, SEC (1) The compliance
TION 7=5A-15 TOBAC- effort "i conducted by
CO PRODUCTS " TO or and r the supervi-
UNDERAGE PERSONS.! sion of:>.law enforce
TO MIRROR THE : meritoffi'pers.
STATE CODE (2) The compliance
NOW, THEREFORE, BE effort is ; conducted
IT ORDAINED BY THE with the
of advance
CITY COUNCIL' OF THE knowledg law en -
CITY OF
nCITY;OF DUBUQUE, 10 forcement`?officers and
WA: reasonable. measures
Section 1. Section 7- are adopted by those yl
5A-15 of the City of Du- I conducting ,the effort
buque Code of Ordi- to ensure that use of
nances- is amended to j tobacco, tobacco prod-
read as follows: ucts, alterrtive nico-'
,7-5A-15: TOBACCO tine produ ts, :vapor
PRODUCTS TO UNDER- products of, igarettes
AGE PERSONS: by individua1sT ` under
A. Restrictions: '." eighteen (18) years of.
1. A person shall not age does not result.
sell, :give, or otherwise ! from participation byr.
' supply any tobacco, to-. any individuals.' under
bacco products, alter- eighteen (18) years of'.
native nicotine prod- agein the compliance
ucts, vapor =products, effort.
or, cigarettes e to any b. For the purposes of
person under eighteen this subsection, "law
(18) years of age. ` enforcement officer"
2. A person under means a peace officer
eighteen (18) years of as defined in Iowa
age shall not smoke, Code section 801.4 and j
use, possess, pur-. includes persons des -
chase, or attempt to ignated under this sub-
purchase any tobacco, ) section to enforce this l
tobacco products, a,J- section.
ternative nicotine pro- B: Penalty:
ducts, vapor products, ' 1. a. A person, other
or cigarettes. than a,retailer,'who vi -
3. Possession of to- olates subsection Al of
bacco, tobacco prod this section, is guilty of
ucts, alternative nico- a simple misdemeanor.'
tine, products, vapor b. An employee of ,a
products, or cigarettes retailer ,",who , .violates
by an Indivldualr under '`subsection'Al of this'
e) hteen (185 years dfp section, commits a I
age'doesnot dofistitute simple misdemeanor !,
a violation under this punishable'as a sched- I
section, if the individual uled violation under lo -
under eighteen (18) ' wa Code " section
years of age possesses 805.8C. 1
the tobacco, tobacco 2. A -person who viola -
products, alternative i tes "subsection A2 of
nicotine products, va- this section, is subject
por products, or ciga- to the following, as ap-
rettes as part of;the .in- plicable:
dividual's employment , a. A civil penalty pur-
and the individual is suant to Iowa Code ,
.employed by, a person section 805.8C.
who holds a valid per- b. For a first offense,; ,
mit under the Iowa performance of eight
Code or who lawfully (8) hours of community
offers for sale or sells work requirements, un
cigarettes . or tobacco lesswaived by the
products. court.
4. a. A person shall c., For, a second of
not be guilty_ of a viola_
fense, performance of
twelve (12) hours of
community work re-
quirements.
d. For a third or sub-
sequent offense, per- !
formance of sixteen
1 (16) hours of communi-
ty "workrequirements.
...-,Section 2. This Ordi-
nance' takes effect
upon publication.
Passed, approved,
and adopted the 16th
day of May, 2016.
/s/Roy D. Buol`-Mayor
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph "Herald
newspaper on the 20th
day of May, 2016.
/s/Kevin S. Firnstahl,
City Clerk
lt5/20