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: Councilmember Holton
A BILL ENTITLED
AN ORDINANCE concerning
title
Flavored Tobacco - No Distribution Within 500 Feet of Schools
FOR the purpose of prohibiting the distribution of flavored tobacco products within 500 feet of any elementary, middle, or secondary school; defining and redefining certain terms; setting certain penalties; clarifying and conforming related provisions; and generally relating to flavored tobacco products.
body
BY repealing and reordaining, with amendments
Article - Health
Section(s) 12-601, 12-602, and 12-607
Baltimore City Revised Code
(Edition 2000)
BY adding
Article - Health
Section(s) 12-603
Baltimore City Revised Code
(Edition 2000)
BY renumbering, with amendments
Article - Health
Section(s) 12-603 and 12-604
to be
Section(s) 12-604 and 12-605
Baltimore City Revised Code
(Edition 2000)
BY repealing and reordaining, without amendments
Article - Health
Section(s) 12-606
Baltimore City Revised Code
(Edition 2000)
BY recaptioning
Article - Health
Title 12. Tobacco Products
Subtitle 6. Flavored Tobacco Wrappings
to be
Title 12. Tobacco Products
Subtitle 6. Flavored Tobacco
Baltimore City Code
(Edition 2000)
BY repealing and reordaining, with amendments
Article 1. Mayor, City Council, and Municipal Agencies
Section 40-14(e)(7)(�Subtitle 6. Flavored Tobacco Wrappings�) and 41-14(6)(�Subtitle 6. Flavored Tobacco Wrappings�)
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
Title 12. Tobacco Products
Subtitle 6. Flavored Tobacco [Wrappings]
� 12-601. Definitions.
(a) In general
In this subtitle, the following terms have the meanings indicated.
(b) 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.
(C) FLAVORED TOBACCO PRODUCT.
�FLAVORED TOBACCO PRODUCT� MEANS ANY PRODUCT CONSTITUTED FROM TOBACCO THAT IS, OR IS HELD OUT TO BE, IMPREGNATED OR SCENTED WITH, OR AGED OR DIPPED IN, OR HAS AS A CONSTITUENT PART (INCLUDING A SMOKE CONSTITUENT) OR ADDITIVE, AN ARTIFICIAL OR NATURAL FLAVOR, ALCOHOLIC LIQUOR, OR AN HERB OR SPICE, INCLUDING MENTHOL, STRAWBERRY, GRAPE, ORANGE, CLOVE, CINNAMON, PINEAPPLE, COCONUT, LICORICE, COCOA, CHERRY, COFFEE, CHOCOLATE, VANILLA, HONEY, OR ANY OTHER FLAVORING AGENT THAT IS A CHARACTERIZING FLAVOR OF THE TOBACCO PRODUCT OR THE TOBACCO SMOKE.
(D) [(c)] Flavored tobacco wrapping.
�Flavored tobacco wrapping� means any cigarette rolling paper or tobacco wrapping leaf or paper constituted from tobacco that is, or is held out to be, impregnated or scented with, or aged or dipped in, or has as a constituent part (including a smoke constituent) or additive, an artificial or natural flavor, alcoholic liquor, or an herb or spice, including MENTHOL, strawberry, grape, orange, clove, cinnamon, pineapple, coconut, licorice, cocoa, cherry, coffee, chocolate, vanilla, honey, or any other flavoring agent that is a characterizing flavor of the tobacco product or the tobacco smoke.
� 12-602. [Distribution] FLAVORED TOBACCO WRAPPING DISTRIBUTION prohibited.
No person may distribute for consideration any flavored tobacco wrapping to any other person.
� 12-603. FLAVORED TOBACCO DISTRIBUTION PROHIBITED WITHIN 500 FEET OF SCHOOLS.
NO PERSON MAY DISTRIBUTE FOR CONSIDERATION ANY FLAVORED TOBACCO PRODUCT TO ANY OTHER PERSON WITHIN 500 FEET OF ANY PUBLIC OR PRIVATE:
(1) ELEMENTARY SCHOOL;
(2) MIDDLE SCHOOL; OR
(3) SECONDARY SCHOOL.
� 12-604 [� 12-603.] Exception for certain tobacco shops.
This subtitle does not apply to the distribution of flavored wrapping paper OR FLAVORED TOBACCO PRODUCTS by or to a retail tobacco establishment that:
(1) derives at least 75% of its revenues, measured by average daily receipts, from the sale of non-cigarette tobacco products;
(2) maintains for sale an inventory of loose tobacco products; and
(3) prohibits the entry of minors at all times.
� 12-605 [� 12-604.] Exception for vending machine sales.
This subtitle does not apply to the sale or distribution of tobacco products by A vending [machines] MACHINE THAT COMPLIES WITH ALL REQUIREMENTS OF STATE BUSINESS REGULATION ARTICLE, TITLE 16, SUBTITLE 3A.
� 12-606. 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 as authorized by City Code Article 1, Subtitle 40 {�Environmental Control Board�}; or
(2) a civil citation as authorized by 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.
� 12-607. Penalties: $1,000.
(a) In general.
Any person who violates any provision 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.
(b) Each [wrapper] DISTRIBUTION a separate offense.
Each individual wrapping OR FLAVORED TOBACCO PRODUCT distributed in violation of this subtitle is a separate offense.
Article 1. Mayor, City Council, and Municipal Agencies
Subtitle 40. Environmental Control Board
��14. Violations to which subtitle applies.
(e) Provisions and penalties enumerated.
(7) Health Code
. . . .
Title 12: Tobacco Products and Smoking Devices
Subtitle 6: Flavored Tobacco [Wrappings] $500 . . . .
Subtitle 41. Civil Citations
� 41-14. Offenses to which subtitle applies � Listing.
(6) Health Code
. . . .
Title 12: Tobacco Products and Smoking Devices
Subtitle 6: Flavored Tobacco [Wrappings] $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 the 30th day after the date it is enacted.
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