HomeMy WebLinkAboutOrdinances_2257_CCv0001.pdf ORDINANCE NO. 2257
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER
8.54 OF THE REDLANDS MUNICIPAL CODE RELATIVE TO TOBACCO
VENDING MACHINES
WHEREAS, the City Council of the City of Redlands ("this City Council") has
determined that smoking is responsible for the premature deaths of 434,000 Americans each year
from lung cancer, heart disease, respiratory illness, and other diseases and that secondhand
smoke is responsible for an additional 53,000 deaths among nonsmokers; and
WHEREAS, the U.S. Surgeon General has declared that nicotine is as addictive as
cocaine or heroin and no other addictive product or drug, or cancer-causing product or drugs
is sold through vending machines; and
WHEREAS, the U.S. Secretary of Health, the U.S. Surgeon General, and the leading
voluntary health organizations all recommend the elimination of cigarette vending machines for
health reasons; and
WHEREAS, based upon the foregoing this City Council finds that prohibiting the sale
of cigarettes through vending machines is essential to protect the health and welfare of the
citizens of Redlands and the surrounding community;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS
FOLLOWS:
Section I . Section 8.54.020 of the Redlands Municipal Code is hereby amended to
read as follows:
"8.54.020 Def Wtions
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F. "Person" means any individual, partnership, cooperative
association, private corporation, personal representative, receiver, trustee, assignee or any other
legal entity.
G. "Place of Employment" means any enclosed area under the control
of a public or private employer which employees normally frequent during the course of
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employment, including but not limited to, work areas, employee lounges, conference moms and
employee cafeterias.
H. "Smoking" means the carrying or holding of a lighted pipe, cigar
or cigarette of any kind, or any other lighted smoking equipment or the lighting or emitting or
exhaling of smoke of a pipe, cigar a cigarette of any kind.
1. "Tobacco Vending Machine" means any machine or device
designated for or used for the vending of cigarettes, cigars, tobacco, or tobacco products upon
the insertion of coins, bills, trade checks or slugs."
Section 2. Section 8.54.100 E is hereby added to the Redlands Municipal Code to
read as follows:
"8.54.100 Enforcement
E. Notwithstanding any other provision of this Section, any person,
business, tobacco retailer or other entity who violates any provision of Section 8.54.140 shall
be deemed guilty of a misdemeanor unless, pursuant to the exercise of prosecutorial discretion
by the City Attorney, such violation is reduced to an infraction."
Section 3. Sections 8.54.140 and 8.54.150 are hereby added to the Redlands
Municipal code to read as follows:
"8.54.140 Tobacco Vending Machines Prohibited
No cigarette or other tobacco product may be sold, offered for sale, or
distributed by or from a vending machine or any other device designed or used for vending
purposes. No person shall locate, install, keep, maintain or use, or permit the location,
inst.aIlation, keeping, maintenance or use on his, her or its premises any vending machine for
the purpose of selling or distributing any tobacco product. Any tobacco vending machine in use
on the effective date of the ordinance adopting this section shall be removed within thirty (30)
days thereafter.
8.54.150 Notice
Written notice of the provisions of this Chapter shall be given to all
applicants for a City business license."
Section 4, Section 8.54.110 C of the Redlands Municipal Code is hereby deleted in
its entirety.
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Section S. If any provision, clause, sentence or paragraph of this ordinance or the
application thereof to any person or circumstances shall be held invalid, such invalidity shall not
affect the provisions of this ordinance which can be given effect without the invalid provision
or application, and to this end the provisions are declared to be severable.
Section 6. The Mayor shall sign this Ordinance and the City Clerk shall attest thereto
and it, or a summary of it, shall be published once in the Redlands Daily Facts, a newspaper
of general circulation with the City and thereafter this ordinance shall take effect according to
law.
Mayor of the City of Redlands
ATTEST:
City Cler /
1. Lorne Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing ordinance
was duly adopted by the City Council at a regular meeting thereof held on the 20th day of
September , 1994 by the following vote:
AYES: Councilmembers Foster, Cunningham, Gilbreath, Gil;
Mayor Larson
NOES: None
ABSENT: None
City Cery
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