17514I ORDINANCE NO. 17,514
iJ
453
3 AN ORDINANCE TO ESTABLISH AN OCCUPATIONAL TAX FOR
4 BUSINESSES THAT SELL TOBACCO PRODUCTS TO ADULTS; TO
5 ESTABLISH PENALTIES FOR VIOLATION OF THE ORDINANCE; AND
6 FOR OTHER PURPOSES.
7
8 WHEREAS, the City has the authority by state statute to impose an occupational tax, or
9 privilege license, on any business that operates within the City and, to impose penalties for the
10 failure to comply with these provisions, and
1 I WHEREAS, the City has determined that the sale of tobacco products to persons under
12 the age of eighteen (18) should be prohibited within the City, and
13 WHEREAS, the only privilege license that is appropriate for the sale of tobacco products
14 is for those businesses that sell such products legally and only to adults,
15 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
16 THE CITY OF LITTLE ROCK, ARKANSAS:
17 Section 1. Little Rock, Ark, Rev. Code (1988) is hereby amended to add the following
18 as Section 17.61:
19 License to Sell Tobacco Products.
20 (A) All businesses that sell tobacco products directly to individuals shall
21 obtain a special City license to do so. This license shall only be available to businesses
22 that limit the sale of these products to persons eighteen (18) years of age or older. No
23 business shall be permitted to sell any tobacco products within the City if it does not
24 possess a current and valid license issued pursuant to this Section.
25 (B) Tobacco product means any product that contains tobacco including, but
26 not limited to, pipe tobacco, cigars, cigarettes, snuff and chewing tobacco.
M
M
1 (C) Point of sale means any area, including the area surrounding a cash
2 register, which serves as a location for the public to purchase tobacco products directly
3 from store service personnel
4 Section 2. Little Rock, Ark, Rev. Code (1988) is hereby amended to add the following
5 as Section 17 -62:
6 License Fee for Sale of Tobacco Products. Any person operating a business that sells
7 tobacco products to adults, whether exclusively or in addition to another business, shall
8 pay $100.00 as a privilege license fee for the sale of such products.
9 Section 3. Little Rock, Ark, Rev. Code (1988) is hereby amended to add the following
10 as Section 17 -63
11
Penalties and Suspension of License to Sell Tobacco Products.
12
(A) No business shall be granted a License to Sell Tobacco Products to Adults
13
if that business permits any person or employee to sell any tobacco products to any
14
person under the age of eighteen (IS).
15
(B) In addition to any penalties that this Code permits to be imposed for the
16
offense of selling tobacco products to a minor, any business that is found to violate this
17
Section shall be subject to a civil penalty as follows:
18
(1) A fine of one hundred dollars ($ 100.00) for a fast violation within
19
the previous twenty-four months;
20
(2) A fine up to two hundred dollars ($200.00) for a second violation
21
within the previous twenty-four months;
22
(3) A fine up to five hundred dollars ($500.00) for a third or
23
subsequent violation within the previous twenty-four months.
24
(4) Suspension of the City License to Sell Tobacco Products to
25
Adults:
26
(a) For a period not to exceed one week for a first violation;
27
(b) For a period not to exceed one month for a second
28
violation within the previous twenty four months;
29
(c) For a period not to exceed three months for a third
30
violation within the previous twenty four months;
[2]
[3)
• 0
1
(d) For a period of one year for a fourth violation within the
2
previous twenty four months.
�55
3
(D) Any business that is subject to suspension of a City License to Sell
4
Tobacco Products to Adults shall be able to avoid suspension for a first and second
5
offense provided:
6
(1) The business demonstrates that it has a comprehensive training
7
program available to its personnel about federal, state and local regulations and
8
ordinances governing the sale of tobacco products; and
9
(2) The business demonstrates that it has enforced its internal rules
10
prohibiting the sale of tobacco products to minors; and
11
(3) The business demonstrates by a preponderance of the evidence
12
that the particular action for which suspension is a possibility is the result of intentional i
13
employee misconduct intended to damage the business, the owner, or a supervisor
14
employed by the business.
15
(E) Suspension.
16
(1) A city official, upon obtaining evidence that an entity has violated
17
its License to Sell Tobacco Products to an Adult, shall send by certified mail, return
18
receipt requested, or shall hand deliver, a Notice of Suspension. Upon conclusion of the
19
hearing set forth from this Subsection, a city police officer, or person authorized by the
20
City Manager to enforce city code provisions, shall be permitted to seize a business's
21
License To Sell Tobacco Products To Adults if it has been concluded that suspension is
22
appropriate.
23
(2) When a suspension occurs because of an action viewed by city
24
police officer, or person authorized by the City Manager to enforce city code provisions,
25
the entity shall be granted a hearing before the City Manager, or the Manager's
26
designee, within forty-eight (48) hours or, if city offices are closed for a weekend or
27
holiday within that time period, on the first city business day after a holiday or
28
weekend. No suspension shall occur under Section 3(E)(2) until a hearing before the
29
City Manager, or the Manager's designee.
30
(3) At this hearing, the city officer shall produce any evidence as to why the
31
license was seized. The representative of the licensed entity shall produce any evidence
[3)
M M M
1
2
3
4
5
6
7
8
9
10
11
in defense. Upon hearing all the evidence, the City Manager, or manager's designee,
shall determine if the City has shown by a preponderance of the evidence that the entity
violated its License to Sell Tobacco Products to Adults. If so, the license shall be
suspended or revoked for the appropriate period as set forth in Section 17- 63(B). If 456
the City fails to meet its burden of proof on the merits, the license shall be returned.
The City hearing officer, to assure that a decision is made upon the merits of a
complaint, may reschedule a hearing one time because of the unavailability of a witness.
(4) In addition to the suspension of a license, unless it is determined that the
business is not subject to a suspension for the reasons set forth in Section 3(D), a sign
shall be placed in a conspicuous place within the entity which reads, "NOTICE: THIS
STORE HAS VIOLATED LITTLE ROCK ORDINANCES PROHIBITING THE SALE
12 OF TOBACCO PRODUCTS TO MINORS."
13 Section 4. Effective Date.
14 Because of the devastating effects that the use of tobacco products has on the
15 health of minors, and because the.Board of Directors believes, after having held public
16 hearings, that it must act where possible to protect minors within the City from these
17 products, this ordinance is, therefore, necessary to protect the public health, safety and
18 welfare. This ordinance shall be in full force and effect from and after January 1, 1998.
19 Section 5. Severability.
20 In the event any title, subtitle, section, subsection, subdivision, paragraph,
21 subparagraph, item, sentence, clause, phrase, or word of this ordinance is declared or
22 adjudged to be invalid, or unconstitutional, such declaration or adjudication shall not affect
23 the remaining portions of this ordinance which shall remain in full force and effect as if the
24 portion so declared or adjudged invalid or unconstitutional was not originally a part of this
25 ordinance.
26 Section 6. Repealer.
27 All laws and parts of laws inconsistent with the terms and provisions of this
28 ordinance are hereby repealed to the extent of such inconsistency.
29
[4]
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
PASSED: July 1, 1997
ATTEST:
ROBBIE HANCOCK
CITY CLERK
APPROVED AS TO FORM:
,<i, di
THOMAS M. CARP ER
CITY ATTORNEY
[5]
APPROVED:
MAYOR
457