EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: The Council President
At the Request of: The Administration (Health Department)
A BILL ENTITLED
AN ORDINANCE concerning
Title
Tobacco Products - Unpackaged Cigarettes or Cigars
FOR the purpose of strengthening the prohibition against the sale or transfer of unpackaged cigarettes and extending that prohibition to include certain unpackaged cigars; defining and redefining certain terms; providing for certain exceptions; providing for a special effective date; and generally relating to the sale or other distribution of unpackaged cigarettes and cigars.
Body
BY repealing and reordaining, with amendments
Article - Health
Title 12, Subtitle 2, to be under the amended subtitle designation,
"Subtitle 2. Unpackaged Cigarettes and Cigars"
Baltimore City Revised Code
(Edition 2000)
BY repealing and reordaining, with amendments
Article 1 - Mayor, City Council, and Municipal Agencies
Section(s) 40-14(e)(7)(Title 12) and 41-14(6)(Title 12)
Baltimore City Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Revised Code
Article - Health
Subtitle 2. [Sale of] Unpackaged Cigarettes AND CIGARS
§ 12 201. Definitions.
(a) In general.
In this subtitle, the following terms have the meanings indicated.
(B) CIGAR.
(1) "CIGAR" MEANS ANY ROLL OF TOBACCO THAT IS WRAPPED IN LEAF TOBACCO OR IN ANY OTHER SUBSTANCE THAT CONTAINS TOBACCO.
(2) "CIGAR"DOES NOT INCLUDE A CIGARETTE.
(C) CIGARETTE.
"CIGARETTE" HAS THE MEANING STATED IN § 16-101(B) OF THE BUSINESS REGULATIONS ARTICLE OF THE STATE CODE.
(D) DISTRIBUTE.
"DISTRIBUTE" MEANS TO:
(1) SELL, DELIVER, DISPENSE, ISSUE, TRANSFER, OR OTHERWISE DISTRIBUTE;
(2) OFFER TO SELL, DELIVER, DISPENSE, ISSUE, TRANSFER, OR OTHERWISE DISTRIBUTE; OR
(3) CAUSE OR HIRE ANY PERSON TO:
(I) SELL, DELIVER, DISPENSE, ISSUE, TRANSFER, OR OTHERWISE DISTRIBUTE; OR
(II) OFFER TO SELL, DELIVER, DISPENSE, ISSUE, TRANSFER OR OTHERWISE DISTRIBUTE.
(E) ORIGINAL PACKAGE.
"ORIGINAL PACKAGE" MEANS THE PACK, BOX, CARTON, OR OTHER CONTAINER OF CIGARETTES OR CIGARS THAT:
(1) WAS USED BY THEIR MANUFACTURER FOR PACKAGING THE CIGARETTES OR CIGARS; AND
(2) IS INTENDED FOR ULTIMATE SALE OR OTHER DISTRIBUTION TO CONSUMERS AS A PACKAGED UNIT AND NOT TO BE BROKEN FOR DISTRIBUTION OF INDIVIDUAL CIGARETTES OR CIGARS.
[(b) Unpackaged cigarette.
"Unpackaged cigarette" means any cigarette not contained in a sealed package of 20 or more cigarettes that are designed and intended to be sold or distributed as a unit.]
§ 12-202. {RESERVED}
§ 12 203. Sale of unpackaged cigarettes prohibited.
(A) "UNPACKAGED CIGARETTE" DEFINED.
"UNPACKAGED CIGARETTE" MEANS ANY CIGARETTE NOT CONTAINED IN A SEALED, ORIGINAL PACKAGE THAT CONTAINS 20 OR MORE CIGARETTES DESIGNED AND INTENDED TO BE SOLD OR OTHERWISE DISTRIBUTED AS A UNIT.
(B) PROHIBITED CONDUCT.
NO person may sell or otherwise [transfer] DISTRIBUTE for consideration AN unpackaged [cigarettes] CIGARETTE to any other person IN THIS CITY.
§ 12-204. SALE OF UNPACKAGED CIGARS PROHIBITED.
(A) "UNPACKAGED CIGAR" DEFINED.
"UNPACKAGED CIGAR" MEANS ANY CIGAR NOT CONTAINED IN A SEALED, ORIGINAL PACKAGE THAT:
(1) CONTAINS 5 OR MORE CIGARS DESIGNED AND INTENDED TO BE SOLD OR OTHERWISE DISTRIBUTED AS A UNIT; AND
(2) BEARS A HEALTH WARNING IN THE SIZE AND MANNER DESCRIBED IN THE AUGUST 18, 2000, FEDERAL TRADE COMMISSION DECISION AND ORDER FROM DOCKET NO. 3964, IN THE MATTER OF SWISHER INTERNATIONAL, INCORPORATED, REGARDLESS OF THE SIZE OF THE PACKAGE AND REGARDLESS OF WHETHER THE MANUFACTURER, WHOLESALER, OR RETAILER IS A PARTY TO OR OTHERWISE BOUND BY THAT CONSENT DECISION AND ORDER.
(B) PROHIBITED CONDUCT.
EXCEPT AS SPECIFIED IN SUBSECTION (C) OF THIS SECTION, NO PERSON MAY SELL OR OTHERWISE DISTRIBUTE FOR CONSIDERATION AN UNPACKAGED CIGAR TO ANY OTHER PERSON IN THIS CITY.
(C) EXCEPTIONS.
(1) COST.
(I) THIS SECTION DOES NOT APPLY TO THE SALE OR OTHER DISTRIBUTION OF ANY CIGAR THAT, SUBJECT TO ADJUSTMENT UNDER PARAGRAPH (2) OF THIS SUBSECTION, HAS A WHOLESALE PRICE OF MORE THAN $2 OR A RETAIL PRICE OF MORE THAN $2.50.
(II) BY RULE OR REGULATION, THE HEALTH COMMISSIONER MAY ADJUST FROM TIME TO TIME THE AMOUNTS SPECIFIED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH TO REFLECT CHANGES IN THE APPLICABLE CONSUMER PRICE INDEX.
(2) TOBACCO SHOPS.
THIS SECTION DOES NOT APPLY TO THE SALE OR OTHER DISTRIBUTION OF ANY CIGAR BY AND ON THE PREMISES OF A RETAIL TOBACCO ESTABLISHMENT THAT:
(I) DERIVES AT LEAST 75% OF ITS REVENUES, MEASURED BY AVERAGE DAILY RECEIPTS, FROM THE SALE OF NON-CIGARETTE TOBACCO PRODUCTS; AND
(II) PROHIBITS THE ENTRY OF MINORS AT ALL TIMES.
(3) FOR REDISTRIBUTION OUT OF CITY.
THIS SECTION DOES NOT APPLY TO THE SALE OR OTHER DISTRIBUTION OF CIGARS IF THE SALE OR OTHER DISTRIBUTION IS:
(I) MADE BY ONE PERSON ENGAGED IN THE BUSINESS OF DISTRIBUTING CIGARS TO ANOTHER PERSON ENGAGED IN THE BUSINESS OF DISTRIBUTING CIGARS; AND
(II) FOR THE PURPOSE OF RESELLING OR OTHERWISE REDISTRIBUTING THE CIGARS OUTSIDE OF THE CITY.
§ 12-205. {RESERVED}
§ 12 206. [§ 12 203.] Enforcement by citation.
(a) In general.
In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of:
(1) an environmental citation under City Code Article 1, Subtitle 40 {"Environmental Control Board"}; or
(2) a civil citation under City Code Article 1, Subtitle 41 {"Civil Citations"}.
(b) Process not exclusive.
The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
§ 12 207. [§ 12 204.] Penalties.
Any person who violates any provisions of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense.
Article 1. Mayor, City Council, and Municipal Agencies
Subtitle 40. Environmental Control Board
§ 40 14. Violations to which subtitle applies.
(e) Provisions and penalties enumerated.
(7) Health Code
. . . .
Title 12: Tobacco Products
Subtitle 1: Indoor Smoking
Person smoking $250
Employer, other person in charge $500
Subtitle 2: [Sale of] Unpackaged Cigarettes AND CIGARS $150
Subtitle 4: Placement of Tobacco Products $500
Subtitle 5: Distribution to Minors $500
. . . .
§ 41-14. Offenses to which subtitle applies - Listing.
(6) Health Code
. . . .
Title 12: Tobacco Products
Subtitle 1: Indoor Smoking
Person smoking $250
Employer, other person in charge $500
Subtitle 2: [Sale of] Unpackaged Cigarettes AND CIGARS $150
Subtitle 4: Placement of Tobacco Products $500
Subtitle 5: Distribution to Minors $500
. . . .
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on October 1, 2009.
dlr08-254(A4)~intro/21Jan09
He/CgrSales/aa:me
dlr08-254(A4)~intro/21Jan09
??2??
He/CgrSales/aa:me