* 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 R
(Resolution)
Introduced by: Councilmember Holton
A RESOLUTION ENTITLED
A COUNCIL RESOLUTION concerning
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Request for State Action - Restore Local Authority to Enact and Enforce Tobacco Regulations
FOR the purpose of calling on the Maryland General Assembly and Governor Hogan to abrogate the court of appeals decision in Altadis U.S.A., Inc., et al. v. Prince George's County, Maryland, 431 Md. 307 (2013) and to declare the express intent of the general assembly to permit local jurisdictions to enact and enforce measures regulating the sale and distribution of tobacco products that are at least as stringent as measures enacted in state law.
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Recitals
In 2013, the Maryland Court of Appeals held that state law preempts local regulation of minimum packaging requirements for cigars in Altadis U.S.A., Inc., et al. v. Prince George?s County, Maryland, 431 Md. 307 (2013). Although the holding turns on the existence of certain provisions in the State Business Regulation Article relating to cigar packaging, there is broad language in that decision concerning state preemption of local authority to enact and enforce laws regulating the sale and distribution of tobacco products. This language has resulted in local jurisdictions being threatened with lawsuits if they continue to enforce their reasonable local restrictions on tobacco sales, including prohibitions on the sale of single cigarettes, prohibitions on the sale of flavored cigars tha...
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