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Home My WebLink About2021-09-27 21-350 ORDINANCE21-350 09/27/2021 CITY COUNCIL ACTION Council Meeting Date: September 27, 2021 Item No: 21-350 Responsible Dept: Legal Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending the Code of the City of Bangor to Add Chapter 119 — Flavored Tobacco and Nicotine Products Summary This Ordinance amends the Code of the City of Bangor to ban the sale, display, marketing, and advertising of flavored tobacco products. Such ban applies to all retailers within the City of Bangor. The proposed ordinance imposes a fine between $50 and $100 for the first violation within a twenty-four month period and $300 and $1,000 for each subsequent offense within that twenty-four month period. Committee Action Committee: Government Operations Action: Recommend Passage Staff Comments & Approvals Meeting Date: September 8, 2021 For: 5 l/ City Manager City Solicitor Against: 0 Finance Director Introduced for: First Reading and Referrals - Referred to the Government Operations Committee meeting of October 4, 2021 and Advisory Committee on Racial Equity, Inclusion and Human Rights meeting of October 12, 2021 21-350 09/27/2021 CITY COUNCIL ORDINANCE Date: September 27, 2021 Assigned to Councilor: Nichols ORDINANCE, Amending the Code of the City of Bangor to Add Chapter 119 — Flavored Tobacco and Nicotine Products WHEREAS, according to the Maine Center for Disease Control & Prevention, twenty-eight percent (28%) of Maine High School students report current use of e-cigarettes, WHEREAS, seventy percent (70%) of teen e-cigarette users cite flavors as a reason that they use the product, WHEREAS, fifty percent (50%) of high schoolers who smoke cigarettes use menthol cigarettes, WHEREAS, eighty percent (80%) of youth who use any type of tobacco product started with a flavored product, WHEREAS, according to the Flavors Hook Maine Kids Campaign, there are over fifteen thousand (15,000) flavored tobacco products on the market, WHEREAS, according to the Centers for Disease Control and Prevention ("CDC'), e-cigarettes are not safe for youth or young adults and contain nicotine, which can harm adolescent brain development, and WHEREAS, the CDC states that "cigarette smoking remains the leading cause of preventable death and disability in the United States," BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT The Code of the City of Bangor is amended to add Chapter 119 as follows: CHAPTER 119: FLAVORED TOBACCO AND NICOTINE PRODUCTS § 119-1 Definitions. As used in this Chapter, the following terms have the following meaninas: ELECTRONIC SMOKING DEVICE Any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, a -pipe, vape pen, or e-hookah. Electronic smoking device includes any component,, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains 21-350 09/27/2021 nicotine. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. FLAVORED TOBACCO PRODUCT A. Any tobacco product that imparts a taste or smell, other than the taste or smell of tobacco, either prior to, or during the consumption of, a tobacco product, including, but not limited to, any taste or smell relatina to fruit, menthol, mint, winterareen, chocolate, cocoa, vanilla, honey, or any candy, dessert, alcoholic beverage, herb, or spice, or B. Any tobacco product that is, within the City of Bangor and by a retailer, advertised, displayed, or packaged in such a way as to convey that it imparts a taste or smell, other than the taste or smell of tobacco, either prior to, or during the consumption of, a tobacco product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla honey, or any candy, dessert, alcoholic beverage, herb, or spice. RETAILER Any person or entity that sells tobacco products to consumers in the City of Bangor. TOBACCO PRODUCT A. Any product containina, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including, but not limited to, a cigarette, a cigar,, pipe tobacco, chewing tobacco, snuff, or snus; B. Any electronic smoking device and any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or C. Any component,, part, or accessory of A or B, whether or not any of these contains tobacco or nicotine, including, but not limited to, filters, rolling papers, blunt or hemp wraps, hookahs, flavor enhancers, or pipes. Specifically excluded from this definition are drugs, devices, or combination products authorized for sale by the U.S. Food and Drua Administration, as those terms are defined in the Federal Food, Drua, and Cosmetic Act; and any product containing cannabis, as defined by Chapter 165,E 165-13, of this Code unless these products contain, are made of, or are derived from tobacco or nicotine. 119-2 Prohibited acts. No retailer shall sell or offer for sale any flavored tobacco product, or display, market, or advertise for sale, within the City of Bangor, any flavored tobacco product. & 119-3 Enforcement, violations, and penalties. The City Manager or the City Manager's designee( shall have the primary responsibility for enforcement of this chapter. If the City Manaaer or said desianee(s) determines) that a violation of this chapter has occurred, the City Manager or said designee( shall issue a written warning giving notice to the retailer that a violation has occurred. Subsequent violations of this chapter shall be subject to the penalties set forth below. Violations of this chapter shall be punishable by administrative fines, levied aaainst the retailer, as follows: 21-350 09/27/2021 1. A fine not less than $50 nor more than $100 for the first violation in a twenty-four month period; 2. A fine not less than $300 nor more than $1,000 for the second and each subsequent violation in a twenty-four month period. § 119-4 Effective date. This chapter shall become effective on January 1, 2022. & 119-5 Severability. If any part or provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of the chapter, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end,, provisions of this chapter are severable. Additions are underlined, deletions strtrel( thFeugr. IN CITY COUNCIL SEPTEMBER 27,2021 Cord 21-350 First Reading and Referral to Government Operations Committee Meeting on October 4,2021 and Advisory Committee on Racial Equity,Inclusion and Human Rights Meeting on October 12,2021 CItY"CtERW IN CITY COUNCIL OCTOBER 13,2021 Cord 21-350 There were many members of the public who spoke both for and against the proposed ordinance. Opponents were concerned with the loss of revenue for businesses and that customers would just go to neighboring towns. Business owners thought stronger enforcement of current laws as well as education was a better solution and that this issue should be decided on the state and federal levels. They felt this solution was too broad and out of balance as to what it will do versus what it will achieve and did not believe the prohibition would work. Proponents supported the proposal for the lifelong health of the children and many spoke of the health risks associated with these products. Motion made and seconded for Passage Motion made and seconded to amend the implementation date to June 1,2022. Vote: 7— 1 Councilors Voting Yes: Davitt,Fournier,Hawes,Nichols Okafor, Schaefer,Sprague Councilors Voting No: Tremble Amendment Passed Motion made and seconded for Passage as Amended Vote: 7— 1 Councilors Voting Yes: Davitt, Fournier,Hawes,Nichols Okafor, Schaefer, Sprague Councilors Voting No: Tremble Passed as Amended CITY CLERK