HomeMy WebLinkAbout06/16/1992, C-2 - CONSIDERATION OF GIVING FINAL PASSAGE TO ORDINANCE NO. 1212 (1992 SERIES) PROHIBITING CIGARETTE VENDING MACHINES IN THE CITY. MEETING DATE:
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COUNCIL AGENDA REPORT
FROM: Ken Hampian, Assistant City Administrative Officer
Deb Hossli, Administrative Analyst
PREPARED BY: Pam Voges, City Clerk
SUBJECT:
Consideration of giving final passage to Ordinance 'No. 1212 .(1992 Series) prohibiting
cigarette vending machines in the City.
RECOMMENDATION:
Give final passage to Ordinance No. 1212.
BACKGROUND:
At its meeting of Monday, June 1, 1992, the City Council took action on a 5-0 vote to
introduce Ordinance No. 1212 to print. The ordinance amends Title 8 of the San Luis
Obispo Municipal code by the addition of a new chapter, 8.17, to prohibit cigarette vending
machines within the City limits. Public testimony was received and staff recommends
Council give final passage to the ordinance as proposed.
ATTACHMENTS:
Ordinance No. 1212 (1992 Series)
I
1212
ORDINANCE NO. (1992 SERIES)
ORDINANCE AMENDING TITLE 8 OF THE CITY OF SAN LUIS OBISPO MUNICIPAL
CODE BY ADDITION OF A NEW CHAPTER 8.17
PROHIBITING CIGARETTE VENDING MACHINES
SECTION I: Legislative Findings. Adoption of this ordinance is necessary to the
promotion of the public health, safety and welfare. Each of the reasons set forth below
provides a separate and independent basis for the adoption of this ordinance:
A. Overwhelming scientific evidence supports the conclusion that there is a
causal relationship between using tobacco products and deadly diseases
such as lung cancer, heart disease, emphysema and other types of cancer.
The Surgeon General of the United States has determined that smoking is
the leading cause of preventable death in this country.
B. An estimated annual 31,000 deaths in the State of California and 434,175
deaths nationwide are caused by cigarette smoking. The estimated annual
economic burden to the State of California resulting from smoke-related
health care costs and lost productivity is over $7.1 billion.
C. Nicotine, found in all tobacco products, is strongly addictive, much more so
than alcohol. The United States Surgeon General has concluded that
nicotine is as addictive as heroin and cocaine.
D. Ninety percent of adults who now smoke started smoking between the ages
of nine and eighteen years.
E. Three million children smoke daily in the United States, and over 75 percent
buy their own cigarettes. Children currently have ready access to cigarettes
and other tobacco products as a result of the availability of cigarette vending
machines. Scientific studies have shown that minors are successful in
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1212
Ordinance No. (1992 Series)
Page 2
buying tobacco products from cigarette vending machines 80% of the time.
Such studies have also shown that cigarette vending machines in areas
such as bars or cocktail lounges, where minors are not legally permitted to
be present, are also readily utilized by minors to obtain tobacco products.
F. The current United States Surgeon General Novello and her two immediate
predecessors as United States Surgeon General, have consistently favored
the elimination of cigarette vending machines for public health reasons.
G. The American Cancer Society, American Lung Association, American Heart
Association, American Medical Association, and California Medical
Association, representing the overwhelming view of recognized professional
medical associations, support the elimination of cigarette vending machines
for public health reasons.
H. No other dangerous product or drug, cancer-causing product or drug, or
addictive product or drug is sold through vending machines. No other
product or drug which minors are prohibited from purchasing is sold
through vending machines.
I. The compelling purpose and intent of this chapter includes:
1. To prevent minors from using and becoming addicted to nicotine in
tobacco products and preventing minors from being harmed thereby;
2. To significantly reduce the ability of minors to illegally obtain tobacco
products by banning cigarette vending machines; and
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Ordinance No. (1992 Series)
Page 3
3. To generally promote the health and welfare of all people in the
community against the health hazards and harmful effects of using
addictive tobacco products.
SECTION II: Be it ordained by the Council of the City of San Luis Obispo as
follows:
Chapter 8.17 is hereby added to the Municipal Code:
Chapter 8.17
CIGARETTE VENDING MACHINES
Section 8.17.010 Definitions. For the purposes of this chapter, the following terms
shall be defined as set forth below:
A. "CIGARETTE VENDING MACHINE"means any electronic or mechanical device
or appliance the operation of which depends upon the insertion of money, whether in
coin or paper bill, or other thing representative of value, which dispenses or releases a
TOBACCO PRODUCT and/or TOBACCO ACCESSORIES.
B. "PERSON" shall mean an individual, firm, partnership, joint venture,
unincorporated association, corporation, estate, trust, trustee, or any other group of
combination of the above acting as a unit, excepting however, the United States of
America, the State of California, and any political subdivision or unit thereof.
C. 'TOBACCO ACCESSORIES" means cigarette papers or wrappers, pipes,
holders of smoking materials of all types, cigarette rolling machines, and any other item
designed primarily for the smoking or ingestion of TOBACCO PRODUCTS.
D. 'TOBACCO PRODUCT" means any substance containing tobacco leaf,
including but not limited to cigarettes, cigars, smoking tobacco, and smokeless tobacco.
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Ordinance No. (1992 Series)
Page 4
Section 817 020 Sale of Cigarettes and Other Tobacco Products from Vending
Machines Prohibited. The following provisions shall apply within the City limits of the City
of San Luis Obispo:
A. No PERSON shall locate, install, keep, maintain or use, or permit the location,
installation, keeping, maintenance or use on his, her:or its premises of any CIGARETTE
VENDING MACHINE used or intended to be used for the purpose of selling any
TOBACCO PRODUCTS or TOBACCO ACCESSORIES therefrom.
B. Any CIGARETTE VENDING MACHINE in use on the effective date of this
chapter shall be removed within one hundred twenty (120) days after the effective date
of this chapter.
Section 8.17.030 Violations and Penalties. Any PERSON violating this chapter shall
be deemed guilty of an infraction.
Section 8.17.040 Violative Cigarette Vending Machines. Any CIGARETTE
VENDING MACHINE not removed from the premises or converted to a permissible use
within the time limit set forth by Section 8.17.020 B shall be deemed to be a public
nuisance, and may be abated by the City as specified in the Municipal Code, or in a civil
action or other appropriate legal proceedings.
SECTION III: This ordinance, together with the names of councilmembers voting
for and against, shall be published once in full, at least (3) days prior to its final passage,
in the Telegram-Tribune, a newspaper published and circulated in this city. This
ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at its meeting held on the 19r day of June 1992, on
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Ordinance No. (1992 Series)
Page 5
motion of Councilmember,Reiss , seconded by Councilmember Pinard and
on the following roll call vote:
AYES: Councilmembers Reiss, Pinard, Rappa, Roalman and Mayor Dunin
NOES: None
ABSENT: None
in
ATTEST:
2:4.0wL.Ors
City Tbrk
APPROVED:
City Ad inistrative Officer
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