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HomeMy WebLinkAboutOrdinance 1806ORDINANCE NO. 1806 AN ORDINANCE ADDING TWO NEW CHAPTERS TO THE CENTRAL POINT MUNICIPAL CODE RELATING TO TOBACCO RETAIL LICENSES AND SMOKING RESTRICTIONS THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN AS FOLLOWS: Section 1. Anew chapter shall be added to the Central ` Point Municipal Code, Chapter 8.10, Tobacco Retail Licenses, to read as follows: Chapter 8.10 Tobacco Retail Licenses Sections: 8.10.010 Definitions. 8.10.020 License requirement. 8.10.030 License fee. 8.10.040 Non-transferability of license. 8.10.050 Sales to minors. 8.10.060 Vendor-assisted sales. 8.10.070 Non-retaliation. 8.10.080 License holder penalties. 8.10.090 Notice. 8.10.100 Hearing. 8.10.010 Definitions. A. the City of Central Point for the products. B. Licensee - The holder of sale of tobacco products. License - A license issued by retail sale of tobacco a valid license for the retail C. Minor - Any person under 18 (eighteen) years of age. D. Self service displays - Open display of tobacco products to which the public has access without the assistance of a store employee. E. Tobacco product - Any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, chewing tobacco, or any other form of tobacco which may be utilized for smoking, chewing, inhalation, or other means of ingestion. F. Vendor-assisted - Retail sales wherein only employees have access to the tobacco product and assist the customer by supplying the tobacco product; the customer does not take possession of the tobacco product until after it is purchased. 1 - ORDINANCE NO. 1806 (011400) 8.10.020 License Recruirement. A. It shall be a violation of this chapter for a retailer to sell tobacco products unless that retailer holds a valid license from the City of Central Point, issued at City Hall, for each location in which tobacco products are to be sold. All such licenses shall be renewed annually on or before July 1. B. Any license issued in accordance with the provisions of this chapter shall remain the property of the City, and upon expiration, revocation, or suspension, shall be returned to the City. If a license is lost or destroyed, it may be replaced upon payment by the applicant of a $10 fee. C. Violations of this section shall be punishable by a fine of five hundred dollars ($500) for each day a violation occurs. 8.10.030 License Fee. No tobacco retailer's license shall be issued or continue to be valid unless the holder thereof has paid a fee of ten dollars ($10) on or before July 1 of each year. 8.10.040 Non-Transferability of License. Licenses shall be non-transferable, except that a new license will be issued upon application to an eligible tobacco retailer who changes locations. 8.10.050 Sales to Minors. It shall be a violation of this chapter for a retailer (including employees) to sell or otherwise provide any tobacco product to a minor. 8.10.060 Vendor-Assisted Sales. It shall be a violation of this chapter for any person, business, or tobacco retailer to sell, permit to be sold, or offer for sale any tobacco product by means of self-service displays or any means other than vendor- assisted sales, except for vending machine sales in taverns, cocktail lounges, industrial plants as defined in ORS 308.408, hotels, and motels. 8.10.070 Non-Retaliation. It shall be a violation of this chapter for any person or employer to discharge, refuse to hire, or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer reports or attempts to prosecute any violation of this chapter. 8.10.080 License Holder Penalties. A. Any licensee who violates any provision of this chapter other than section 8.10.020 (licensing) shall be assessed penalties and/or have their license suspended as follows: 2 - ORDINANCE NO. 1806 (011400) 1. In the case of a first violation within two years, the licensee shall be fined two hundred dollars ($200.00) and shall be notified in writing of penalties to be levied for further violations. 2. In the case of a second violation within a two year period, the licensee shall be fined three hundred and fifty dollars ($350.00) and the license suspended for forty-five (45) days. 3. In the case of three or more violations within a two year period, the licensee shall be fined five hundred dollars ($500.00) and the license revoked for six months; the revoked retailer shall be ineligible to apply for a new license, at any location, for six months after the effective date of the revocation. B. Failure to pay a fine levied under this chapter within thirty (30) days of the date the fine becomes effective shall result in the suspension of the licensee's license until such fines are paid. C. During any suspension or revocation of a license under this section, the retailer so suspended may not sell tobacco products and must remove all tobacco products from all retail areas. 8.10.090 Notice. A. Prior to the imposition of a fine, or the denial, revocation or suspension of a license issued under this chapter, the City Administrator shall provide written notice, by regular mail and certified mail, return receipt requested, to the holder of said license. The notice shall contain the following information: 1. The name and title of the person issuing the notice; 2. The date on which the fine, suspension, denial or revocation will become effective; 3. The reason for the fine, revocation, denial or suspension; 4. That the licensee may request a hearing regarding the fine, revocation, denial or suspension; 5. That the request for a hearing must be made in person or in writing and received by the City Administrator within ten (10) days after receipt of the notice; 6. That failure to appear in person or through mail received by the City Administrator within ten (10) days after receipt of the notice or by the notices' return by the Postal Service shall act as a waiver of the right to a hearing and the fine, revocation, denial or suspension will, if applicable, become effective on the date included in the notice. 3 - ORDINANCE NO. 1806 (011400) 8.10.100 Hearina. A. Upon request for a hearing as provided in Section 8.10.090, a hearing shall be held before a Hearings Officer appointed by the City Administrator. The City Administrator may act as the Hearings Officer. The hearing shall be set and conducted within forty-eight (48) hours of receipt of the request, with holidays, Saturdays, and Sundays excluded. The hearing can be set for a later day if the applicant or licensee so requests. B. At the hearing, the applicant or licensee may contest the denial, fine, revocation, or suspension. C. If the Hearings Officer finds that the fine, denial, suspension, or revocation is in accordance with this chapter, then that fine, denial, suspension, or revocation shall take effect immediately. D. If the applicant or licensee does not appear at the scheduled hearing, the Hearings Officer shall enter an order supporting the denial, fine, revocation, or suspension of the licensee or applicant. Section 2. Anew chapter shall be added to the Central Point Municipal Code, Chapter 8.11, Smoking Restrictions, to read as follows: Chapter 8.11 Smoking Restrictions Sections: 8.11.010 Definitions. 8.11.020 Smoking prohibited in public places. 8.11.030 Smoking prohibited in places of employment. 8.11.040 Smoking prohibited outside entrances. 8.11.050 Places where smoking is not regulated. 8.11.060 Posting "no smoking" signs. 8.11.070 Non-retaliation. 8.11.080 Smoking in or near entrances to publicly owned buildings 8.11.090 Tobacco sales to minors prohibited. 8.11.100 Other violations and penalties. 8.11.110 Severability. 8.11.120 Other laws. 8.11.010 Definitions. A. Bar - Any facility or facility area licensed by the Oregon Liquor Control Commission to serve 4 - ORDINANCE NO. 1806 (011400) alcohol by the drink for consumption on the premises that is posted to prohibit the presence of minors. B. Business - Any sole proprietorship, partnership, joint venture, corporation, or other business entity, including retail establishments where goods or services are sold as well as professional corporations and other entities where professional services are delivered. C. Employee - Any person who is employed by any employer in consideration of direct or indirect monetary wages or profit, and any person who volunteers his or her services to a non-profit entity. D. Employer - Any person or entity who employs the services of one or more individuals. E. Enclosed area - All space between a floor and a ceiling which is enclosed on all sides by solid walls or windows (exclusive of doors or passageways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling, or are not solid, "office landscaping" or similar structure. F. Place of employment - Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and rest rooms, conference and class rooms, cafeterias and hallways. A private residence is not a "place of employment" unless it is used as a child care facility as defined in ORS 657A.250, an adult day care facility as defined in ORS 410.490, or a health care facility as defined in ORS 442.015. G. Public place - Any enclosed area to which the public is invited or in which the public is permitted; including but not limited to, banks, education facilities, health facilities, Laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a child care facility as defined in ORS 657A.250, an adult day care facility as defined in ORS 410.490, or a health care facility as defined in ORS 442.015. H. Restaurant - Any coffee shop, cafeteria, sandwich stand, private or public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities. I. Retail tobacco store - A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is secondary. 5 - ORDINANCE NO. 1806 (011400) J. Service line - Any indoor line, or any portion of an indoor line that extends out of doors, at which one or more persons are waiting for or receiving services of any kind, whether or not such services involve the exchange of money. K. Smoking - Any inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, weed, plant, or other tobacco like product or substance in any manner or in any form. L. Sports arena - Any sports pavilion, gymnasium, health spa, swimming pool, roller rink, bowling alley, and other places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events. M. Tobacco product - Any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, chewing tobacco, or any other form of tobacco which may be utilized for smoking, chewing, inhalation, or other means of ingestion. 8.11.020 Smoking Prohibited in Public Places. A. Smoking shall be prohibited in all enclosed public places within the City, including but not limited to, the following places: 1. Elevators; 2. Restrooms, lobbies, reception areas, hallways, and any other common-use areas; 3. Buses, taxicabs, and any other means of public transportation under the authority of the City; 4. Service lines or within 10 feet of a service line that extends out of doors; 5. Retail stores; 6. All areas available and customarily used by the general public located in all businesses patronized by the public, including non-profit and public businesses. Affected businesses include, but are not limited to, professional businesses patronized by the public, including non-profit and public businesses, professional offices, banks, laundromats, hotels and motels; 7. Restaurants; 8. Any facility which is primarily used for exhibiting any motion picture, stage or drama production, lecture, music recital or other similar performance; 9. Sports arena, including bowling facilities and conventional halls; 10. Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council commission, committee, including joint committees, or agencies of the City or any political subdivision of the City; 11. Health care facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctor's and dentist's office; 6 - ORDINANCE NO. 1806 (011400) 12. Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities; 13. Polling places; and 14. Licensed day care and adult day care facilities. B. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment or facility may declare that entire establishment or facility as a non-smoking establishment. 8.11.030 Smoking Prohibited in Places of Employment. Except for places exempt under Section 8.11.050, it shall be the responsibility of employers to provide a smoke-free workplace for all employees. No employer shall knowingly or intentionally permit, and no person shall engage in, the smoking of tobacco products in an enclosed space at a place of employment. 8.11.040 Smoking Prohibited Outside Entrances. Smoking shall be prohibited within ten (10) feet of any entrance of any enclosed area where smoking is prohibited or of any service line that extends out of doors. 8.11.050 Places Where Smoking is Not Regulated. A. Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to any smoking restrictions contained within this chapter: 1. Private residences, unless the private residence is used as a licensed child care, adult day care, or health care facility; 2. Rented motel/hotel rooms that are designated in some manner as smoking allowed rooms by the owners of the establishment renting the rooms; 3. Private rooms rented for an occupancy that exceeds one month and that are not located in a private residence used as a child care, adult day care, or health care facility; 4. Bars; 5. Bar portions of bar and restaurant combinations wherein the restaurant portion is open to minors so long as: a. The bar is located in a separately-enclosed area from the restaurant; b. The air from the bar is exhausted directly to the outside by an exhaust fan and not recirculated to other parts of the building; and c. The bar is in compliance with any applicable mandated state or federal ventilation standards. 6. Retail tobacco stores. 7 - ORDINANCE NO. 1806 (011400) 8.11.060 Posting "No Smoking" Signs. A. "No smoking" signs or the international "no smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across the cigarette) shall be clearly and conspicuously posted in every building or other area where smoking is prohibited by this chapter, by the owner, manager, or other person having control of such building or other area, including private residences used as a licensed child care, adult day care or health care facility. B. Every public place where smoking is prohibited by this section shall have posted at every entrance a conspicuous sign stating that smoking is prohibited. 8.11.070 Non-Retaliation. It shall be a violation of this section for any person or employer to discharge, refuse to hire, or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer reports or attempts to prosecute any violation of this ordinance. 8.11.080 Smoking In or Near Entrances to Publicly Owned Buildings. A. No person shall smoke anywhere within, or within ten (10) feet of, any entrance to any publicly owned building. B. A violation of this section shall be punishable by the general penalty. 8.11.090 Tobacco Sales to Minors Prohibited. A. No person, including a minor's parent or guardian, shall sell or otherwise provide tobacco products to a minor. B. A violation of this section shall be punishable by the general penalty. 8.11.100 Other Violations and Penalties. A. It shall be a violation of this chapter for every day any person who owns, manages, operates or otherwise controls the use of any premises, subject to regulation under this chapter, fails to comply with any provisions herein. B. It shall be a violation of this chapter for any person to smoke in any area where smoking is prohibited by the provisions of this chapter. C. Any person who violates this chapter shall be punished by a fine: 1. Not less than fifty dollars ($50.00), nor more than one hundred dollars ($100.00) for a first violation within any 12 (twelve) month period; 2. Not less than one hundred dollars ($100.00), nor more than two hundred dollars ($200.00) for a second violation within any 12 (twelve) month period; 8 - ORDINANCE NO. 1806 (011400) 3. Not less than two hundred and fifty dollars ($250.00), nor more than five hundred dollars ($500.00) for each additional violation of this section within any 12 (twelve) month period. 8.11.110 Severability. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. 8.11.120 Other Laws. This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Section 3. Section 1 of this ordinance shall take effect July 1, 2000. Section 2 of this ordinance shall take effect 30 days following its passage. Passed by the Council and signed by me in authentication of its passage this ~h~ day of ~ 2000. ayor Bill Walton ATTES City Represent e i Approved by me this ~_ day of Jn.s~yo_f'u 2000. I -~ ~ ~~~X~ ~_ yor Bill Walton 9 - ORDINANCE NO. 1806 (011400)