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ORDINANCE NO.
17,513
AN ORDINANCE TO AMEND CHAPTER 14 OF THE LITTLE
ROCK CODE TO ADD REGULATIONS OF THE USE OF
TOBACCO PRODUCTS BY MINORS; AND FOR OTHER
PURPOSES.
WHEREAS, during his January 1, 1997, State of the City address, the Mayor
stated that one goal for 1997 would be the adoption of an ordinance that would control
smoking and the use of tobacco products by minors within the City of Little Rock; and
WHEREAS, studies have shown that smoking is the number one cause of public
health problems in the United States today, and that ninety percent (90 %) of all regular
smokers begin using tobacco products while minors; and
WHEREAS, minors begin using tobacco products, in part, because of the influence
of watching adults smoke in public places, and the influence of advertisements and movies
which glamorize the use of tobacco products and minimize the health risks associated with
such use; and
WHEREAS, the addictiveness of nicotine in all tobacco products has been
designated by the U.S. Surgeon General as more addictive, in many cases, than cocaine
or heroin; and
WHEREAS, statistical analyses of causes of death demonstrate that cigarettes and
the use of the tobacco products kill more Americans annually than alcohol, car accidents,
fires, murders, suicides, use of illegal controlled substances, and AIDS combined; and
WHEREAS, as a part of its powers to protect the public health, safety and welfare,
particularly where it concerns minors residing within the City, the City can and should act
to restrict access to the debilitating effects of tobacco products.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. This ordinance shall be known as the Regulation of Minor Tobacco
Use ordinance.
SECTION 2. Definitions
(a) Minor means any person under the age of eighteen (18) years old.
(b) Playground means an area of land or athletic field used for, and equipped
with, facilities for recreation or athletic contests.
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(c) Public place means any enclosed public or private place to which the public 450
of substantial numbers of people have access.
(d) Set- Service method means any method, other than a vending machine, that
permits a consumer to remove a tobacco product without the retailer's direct assistance.
(e) Smokeless tobacco means any tobacco product that is used by putting it into
the mouth without lighting, or is commonly referred to as smokeless tobacco including,
but not limited to, snuff and chewing tobacco.
(f) Tobacco product means any product that contains tobacco including, but not
limited to, pipe tobacco, cigars, cigarettes, smokeless tobacco, snuff and chewing tobacco.
SECTION 3. Prohibited acts.
It shall be unlawful:
(a) To distribute, give away, or otherwise cause to be circulated to minors any
free tobacco products;
(b) To distribute free samples of any tobacco product or coupons that entitle the
holder of the coupon to any free sample of any tobacco product in or on any public street
or sidewalk that is within one thousand (1000) feet of the perimeter of any playground,
school, or other facility if such facility is used primarily by persons under eighteen (18)
years of age;
(c) To advertise tobacco products on billboards, benches, or other forms of
outdoor advertising that is within one thousand (1000) feet of the perimeter of any school
or playground;
(d) To advertise tobacco products in any family amusement center or video
arcade;
(e) To own or operate a business that sells tobacco products to a minor;
(f) To sell
tobacco products to a minor;
(g) For any person, other than the parent or legal guardian, to purchase or
procure tobacco products for a minor.
SECTION 4. Restrictions on owners or operators of businesses.
(a) It shall be unlawful for any owner or operator of a business where tobacco
products are sold:
(1) To sell tobacco products through vending machines, provided that this
provision does not apply to private clubs where alcoholic beverages are permitted and
these clubs prohibit entry to minors; employee break rooms, dressing rooms, or cafeterias
1 that are provided by the employer; hotels if the machines are located in an area accessible rJ 1
only to adults; or, other places that are not otherwise generally accessible to minors.
2 (2) To offer tobacco products, in quantities less than a full carton, for sale
3 through any self - service method, except in restricted areas within a factory, business,
4 office, or other structure to which members of the general public are not given access; or
5 on premises permitted to sell alcoholic beverages provided that these facilities prohibit
6 entry to minors; or, in places where the self - service display is within eight (8) feet of the
7 cash register and all tobacco products are in full view of the cashier.
8 (b) It shall be unlawful for any store owner or operator of a store that fronts a
9 school or playground to use more than fifteen percent (15 %) of the street level windows,
10 or fifteen percent (15 %) of the exterior of the business, to advertise tobacco products
11 1 (c) It shall be unlawful for any restaurant owner or operator of a restaurant that
12 is open to minors to fail to prominently identify any area of the restaurant available only
13 to nonsmokers.
14 SECTION 5. Purchase of tobacco products by a minor.
i5 (a) It shall be unlawful for any person under eighteen (18) years of age to
16 purchase or procure tobacco products for personal use or for use by another person.
17 (b) Any person convicted in municipal court of violating this subsection shall
18 be subjected to the following civil penalties:
19 (1) For a first offense, mandatory enrollment in a smoking education or
20 cessation class, or a similar class, approved by the municipal court;
21 (2) For a second or subsequent, offense within twenty-four (24) months,
22 participation in up to forty (40) hours of community service;
23 SECTION 6. Penalty
24 (a) Except as set forth in subsection (b), any person convicted of a violation of
25 this ordinance shall be punished in accordance with Section 1 -9.
26 (b) If a business, or owner, is convicted of a violation of Section 3(e), in Section
27 1 -9, and an employee is convicted of a violation of Section 3(f), for the same act of selling
28 tobacco products to a minor, then:
29 (1) For a first offense, the maximum fine shall be fifty dollars ($50.00)
30 for the business and an equal fine for the employee;
31 (2) For a second offense within twenty-four (24) months, the maximum
32 fine shall be one hundred dollars ($100.00) for the employee if it is the same employee or
33 fifty dollars ($50) for a different employee, and one hundred dollars ($100.00) for the
34 business.
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SECTION 7. Effective Date.
Because of the devastating effects that, the use of tobacco products has on the health
of minors, and because the Board of Directors believes, after having held public hearings,
that it must act where possible to protect minors within the City from these products, this
ordinance is, therefore, necessary to protect the public health, safety and welfare. This
ordinance shall be in full force and effect from and after January 1, 1998, or when this
ordinance is approved by the U.S. Food & Drug Administration, if approval comes after
January 1, 1998.
SECTION 8. Severability.
In the event any title, subtitle, section, subsection, subdivision, paragraph,
subparagraph, item, sentence, clause, phrase, or word of this ordinance is declared or
adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect
the remaining portions of this ordinance which shall remain in full force and effect as if
the portion so declared or adjudged invalid or unconstitutional was not originally a part
of this ordinance.
SECTION 9. Repealer.
All laws and parts of laws inconsistent with the provisions of this ordinance are
hereby repealed to the extent of such inconsistency.
PASSED: July 1, 1997
ATTEST:
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APPROVED AS TO FORM:
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APPROVED:
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