2022.01.03 ORD 2022-511 Amended Tobacco for T21

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Ordinance 2022-511 Tobacco Ordinance - Revised Page 2 of 5 (b) Civil penalty. The provisions of chapter 42, article II, shall apply to any and all licenses issued hereunder. If a licensee or employee of a licensee sells, gives, or otherwise furnishes tobacco, tobacco -related devices, electronic delivery devices, or nicotine or lobelia delivery products to a person under the age of 21 years, or violates any other provision of this article, the licensee shall be charged an civil penalty. If a retail establishment has its tobacco license suspended pursuant to a hearing conducted under the provisions of chapter 42, article II, that retail establishment shall, during the period of suspension, remove all tobacco, tobacco products and tobacco -related devices, and nicotine or lobelia delivery devices away from public view. (c) Schedule of offenses and penalties. Penalties pursuant to state statutes. Civil penalties shall be in the amount set forth in the fee schedule. This amount shall be calculated as against all offenses occurring within a 36-consecutive month period from the date of the most recent violation. Any violation having occurred beyond 36 consecutive months prior to the most recent violation shall not be counted in terms of imposing the fee. Fines shall be paid within 60 days of the time of issuance of the notice. The penalty shall be made payable to "The City of Hugo" and may be paid in person or by mail. (d) Alternative Penalties. Law enforcement and court system representatives shall consult, as applicable, with interested persons, including but not limited to parents, guardians, educators, and persons under the age of 21 years, to develop alternative civil penalties for persons under the age of 21 years who violate this article. Consulting participants shall consider a variety of alternative civil penalties including but not limited to tobacco -free education programs, community service, court diversion programs, and tobacco cessation programs, and for persons under the age of 18 years, notice to schools and to parents or guardians. Alternative civil penalties developed under this subdivision shall not include fines or monetary penalties. Sec. 38-49. Compliance checks and inspections. All licensed premises shall be open to inspection by the city police, county sheriff s officers or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging persons at least 17 years of age, but under the age of 21, to enter the licensed premises to attempt to purchase tobacco, tobacco products, tobacco -related devices, or nicotine or lobelia delivery devices. Persons used for the purpose of compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, tobacco -related devices, or nicotine or lobelia delivery devices when such items are obtained as a part of the compliance check. Sec. 38-50. Prohibited sales. It shall be a violation of this article for any person to sell or offer to sell any tobacco, tobacco product, tobacco -related device, or nicotine or lobelia delivery devices: (1) To any person under the age of 21 years. (2) By means of any type of vending machine. This subsection does not apply to vending machines in facilities that cannot be entered at any time by persons younger than 21 years of age.