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1 ORDINANCE NO. 17,911 9
,Z r 13
3 AN ORDINANCE TO AMEND LITTLE ROCK, ARK.,
4 ORDINANCE NO. 17,513 (JULY 1, 1997), TO MAKE IT
5 EFFECTIVE IMMEDIATELY; TO DECLARE AN
6 EMERGENCY; AND FOR OTHER PURPOSES.
8 WHEREAS, the Board of Directors approved Little Rock, Ark., Ordinance No.
9 17,513 (July 1, 1998), to add regulations to the Little Rock Code of Ordinances on the
10 use of tobacco products by minors; and
11 WHEREAS, the effective date of the ordinance was hopefully January 1, 1998,
12 but no sooner than the date of certification by the United States Food & Drug
13 Administration that the ordinance was not in conflict with federal law or regulations, a
14 requirement under Food & Drug regulations; and
15 WHEREAS, the Food & Drug Administration has not approved the ordinance,
16 as required by federal regulations, however, these regulations have been ruled invalid by
17 the United States Court of Appeals for the Fourth Circuit in the case of Brown and
1s Williamson Tobacco Corp. v. Food & Drug Administration, 1998 WL 473320 (August 14,
19 1998); and
20 WHEREAS, the City has received verification from the Food & Drug
21 Administration that it is not going to certify any local ordinances until the final
22 resolution of any appeals of the Brown case; and
23 WHEREAS, under the law now in effect there is no requirement that the City
24 receive prior approval from the Food & Drug Administration for the operation of its
25 ordinance.
26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
27 OF THE CITY OF LITTLE ROCK, ARKANSAS:
28 SECTION 1. Section 7 of Little Rock, Ark., Ordinance No. 17,513 (July 1,
29 1997), is hereby amended to read as follows:
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1 This ordinance shall be in full force and effect from and after
2 the date of its passage. 14
3 SECTION 2. SEVERABILITY. In the event any title, section, subsection,
4 subdivision, paragraph, subparagraph, item, sentence, clause, phrase or word of this
5 ordinance is declared or adjudged to be invalid and unconstitutional, such declaration
6 or adjudication shall not affect the remaining portions of this ordinance which shall
7 remain in full force and effect as if the portion so declared or adjudged invalid or
8 unconstitutional was not originally a part of this ordinance.
9 SECTION 3. REPEALER All laws and parts of laws inconsistent with the
10 provisions of this ordinance are hereby repealed to the extent of such inconsistency.
11 SECTION 4. EMERGENCY. The Board of Directors declared on July 1, 1997,
12 that the devastating effects of tobacco products on the health of minors necessitated the
13 enactment of protective measures, and that such measures were essential to the public
14 health, safety and welfare. The only reason the ordinance passed to accomplish this goal,
15 Little Rock, Ark., Ordinance No. 17,513 (July 1, 1997), did not take effect sooner, was
16 because of a federal regulatory requirement that the Food & Drug Administration review
17 the ordinance and certify that it did not conflict with federal law. This review did not
is take place before the United States Court of Appeals for the Fourth Circuit declared this
19 regulation, and all others governing tobacco regulation by Food & Drug, to be invalid.
20 The Board continues to believe that this ordinance is essential to protect the public
21 health, safety and welfare. An emergency is therefore declared to exist and this
22 ordinance shall be in full force and effect from and after the date of its passage, provided,
23 that no person shall be deemed to be in violation of Little Rock, Ark., Ordinance No.
24 17,513 until they have received notice of its provisions by receiving a copy of the
25 ordinance, or by its publication in a newspaper of general circulation.
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1 PASSED: January 5, 1999
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3 ATTEST:
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6 Robbie Hancock, City Clerk
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e APPROVED AS TO LEGAL FORM:
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11 Thomas M. Carpenter, CituttOMLY
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APPROVED:
Jim Dail y, Mayor
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