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Home My WebLink About2022-07-25 22-266 ORDINANCE22-266 July 25, 2022 CITY COUNCIL ACTION Council Meeting Date: July 25, 2022 Item No: 22-266 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. The effective date of the Ordinance is to be determined and filled in by the reviewing bodies. Committee Action Committee: Government Operations Action Staff Comments & Approvals MdL-la,� City Manager Meeting Date: August 2, 2022 For: Against: 41 City Solicitor Finance Director Introduced for: First Reading and Referral - to Government Operations Committee meeting of August 2, 2022. 22-266 July 25, 2022 CITY COUNCIL ORDINANCE Date: July 25, 2022 Assigned to Councilor: Davitt 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, and WHEREAS, seventy percent (70%) of teen e-cigarette users cite flavors as a reason that they use the product, and WHEREAS, fifty percent (50%) of high schoolers who smoke cigarettes use menthol cigarettes, and WHEREAS, eighty percent (80%) of youth who use any type of tobacco product started with a flavored product, and WHEREAS, according to the Flavors Hook Maine Kids Campaign, there are over fifteen thousand (15,000) flavored tobacco products on the market, and 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 meanings: 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. 22-266 July 25, 2022 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 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 relating to fruit, menthol, mint, wintergreen, 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 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 containing, 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, cigar, ipe 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 Drug Administration, as those terms are defined in the federal Food, Drug, and Cosmetic Act; and any product containing cannabis, as defined by Chapter 165, U65-13 of this Code unless these products contain, are made of, or are derived from tobacco or nicotine. U19-2 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. 22-266 July 25, 2022 U19-3 Enforcement, Violations, and Penalties. The City Manager or the City Manager's designees) shall have the primary responsibility for enforcement of this chapter. If the City Manager or said designees) determine(s) that a violation of this chapter has occurred, the City Manager or said designees) 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 against the retailer, as follows: 1. A fine of not less than $50 nor more than $100 for the first violation in a twenty-four month period; 2. A fine of not less than $300 nor more than $1,000 for the second and each subsequent violation in a twenty-four month period. U19-4 Effective Date. This Chapter shall become effective on U19-5 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 another person or circumstance, 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 stFHeak thF8Hgh. IN CITY COUNCIL JULY 25, 2022 COrd 22-266 First Reading and Referral to Government Operations Committee on August 2, 2022 CITY CLERK IN CITY COUNCIL AUGUST 8, 2022 COrd 22-266 Susan Stephenson, Joe Perry, Axl Wallingford, Alice Swett, H. Lindquist, Christ Boulier, Scott Leadbetter, Heidi Lindquist, Stephen Brough, Josh Meter, Molly Cox, V.J. Mayor, Diege Michel, Jonathan Shaer, John Smith, and Beth Woodbury spoke in opposition to the ordinance. Gabrielle Wiley-Hicks, Imke Schessler-Jandreau, Zachary Carlton, Marwa Hassenien, Dan Cashman, Adam Leach, Sophia Ward, Emma Lowell, Bernard Miller, Landen Southard, Becca Boulos, Matt Dexter, David Bradley, Bill Wood, Kaley Hess, Michael DeLorge, Matthew Wellington, Kayla Boucher, Lance Boucher, Dr. Valerie Yerger, Carol McGruder and Chase Jackson spoke in favor of the ordinance. Councilor Tremble expressed that he may have a conflict of interest as he sells these products at his store. Motion made and seconded that Councilor Tremble had a conflict of interest Vote: 6 – 1 Councilors Voting Yes: Davitt, Leonard, Okafor, Schaefer, Sprague, Yacoubagha Councilors Voting No: Fournier Passed Councilor Tremble left the meeting. Motion made and seconded for Passage Motion made and seconded to Amend by Substitution by adding an effective date of January 1, 2023 Passed Motion made and seconded for Passage as Amended Vote: 6 – 1 Councilors Voting Yes: Davitt, Leonard, Okafor, Schaefer, Sprague, Yacoubagha Councilors Voting No: Fournier Passed as Amended CITY CLERK