HomeMy WebLinkAbout2022-05-09 22-180 ORDINANCE22-180 05-09-2022
CITY COUNCIL ACTION
Council Meeting Date: May 9, 2022
Item No: 22-180
Responsible Dept: Legal
Action Requested: Ordinance Map/Lot: N/A
Title, Ordinance
Amending the Code of the City of Bangor to Repeal Chapter 119 — Flavored Tobacco and Nicotine Products
Summary
This action repeals Chapter 119 of the Code of the City of Bangor, which would have banned the sale, display,
marketing, and advertising of flavored tobacco products, and which would have become effective on June 1,
2022. It was discovered after the Council had voted on Chapter 119 that the City had not complied with a
state law requiring a 30-day notice be sent to retail tobacco licensees doing business within the municipal
corporate limits when a municipality intends to consider an ordinance that would be more restrictive than the
state law on retail tobacco sales. As such, it was recommended that the ordinance in its current state not be
enforced. This action removes Chapter 119 from the City Code in order to remedy the error.
Committee Action
Committee: Council Workshop
Action: Recommended for passage
Meeting Date: April 25, 2022
For:
Against:
Staff Comments & Approvals
Staff recommends waiver of the requirement for reading on two separate days, so that the effective date of the
repeal of Chapter 119 will be before Chapter 119's effective date of June 1, 2022.
City Manager
Introduced for: First Reading and Passage
City Solicitor
Finance Director
22-180 05-09-2022
CITY COUNCIL ORDINANCE
Date: May 9, 2022
Assigned to Councilor: Davitt
ORDINANCE, Amending the Code of the City of Bangor to Repeal Chapter 119 — Flavored Tobacco and
Nicotine Products
WHEREAS, it was discovered after the Council voted on Chapter 119 that the City had not complied with a
state law requiring a 30-day notice to be sent to retail tobacco licensees doing business within the municipal
corporate limits when a municipality intends to consider an ordinance that would be more restrictive than the
state law on retail tobacco sales, and
WHEREAS, as such, it was recommended by the City's legal department that Chapter 119 in its current state
not be enforced, and
WHEREAS, repeal of Chapter 119 removes the ordinance from the City Code, remedying the error,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
The Code of the City of Bangor is hereby amended to repeal and remove Chapter 119 — Flavored Tobacco and
Nicotine Products.
IN CITY COUNCIL
MAY 9, 2022
COrd 22-180
Tim Surrette urged the City Council to work quickly to end the sale of flavored tobacco.
Stephen Brough stated providing tobacco to minors is already against the law and did not support banning the sale to adults.
Matt Dexter was in favor of reinstating this ordinance as quickly as possible.
Motion made and seconded to Waive Second Reading
Vote: 7 — 0
Councilors Voting Yes: Davitt, Okafor, Schaefer, Sprague, Tremble, Yacoubagha, Fournier
Passed to Waive Second Reading
Motion made and seconded for Passage
Vote: 7 — 0
Councilors Voting Yes: Davitt, Okafor, Schaefer, Sprague, Tremble, Yacoubagha, Fournier
Passed
CITY CLERK