October 21, 2014
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Notice of Public Hearing

NOTICE OF PUBLIC

HEARING

A Public Hearing on the following proposed Ordinance as amended in Ordinance Committee on February 16, 2012 will be held before the City Council on Monday, February 27, 2012 at 7 p.m., Council Chambers, 869 Park Avenue Cranston, R.I. pursuant to Section 3.12 of the Charter.

A complete copy of the proposed Ordinance is available for public review at the City Clerk’s Office and the Cranston Central Library.

“Individuals requesting interpreter services for the hearing impaired must notify the City Clerk’s Office at 461-1000 ext. 3197 seventy-two (72) hours in advance of the hearing date.”

Anthony J. Lupino, Maria Medeiros Wall, JD

Council President City Clerk

THE CITY OF CRANSTON

ORDINANCE OF THE CITY COUNCIL

IN AMENDMENT OF TITLE 8, CHAPTER 44OF THE CODE OF THE CITY OF CRANSTON, 2012, ENTITLED “HEALTH AND SAFETY”

(TOBACCO FLAVORED BAN)

*As amended in Committee 2/6/2012

It is ordained by the City Council of the City of Cranston as follows:

Section 1. Chapter 8.44, entitled “ SMOKING” is hereby amended by adding thereto the following:

8.44.050 Ban on Sale of Flavored Tobacco Products

A. Definitions

“Cigarette” means any product that contains nicotine, is intended to be burned or heated under ordinary use and consists of or contains (1) any roll of tobacco wrapped in paper (2) tobacco in any form, that is functional in the product which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling is likely to be offered to or purchased by, consumers as cigarettes; or (3) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette.

“Characterizing Flavor” means a distinguishable taste or aroma, other than the taste or aroma of tobacco, menthol, mint or wintergreen, imparted either prior to or during consumption of a tobacco product or component part thereof, including but not limited to tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb or spice and concepts such as spicy, arctic, ice, cool, warm, hot, mellow, fresh and breeze: provided, however, that not tobacco product shall be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.

“Component Part” means any element of a tobacco product, including but not limited to, the tobacco, filter and paper, but not including any constituent.

“Constitutent” means any ingredient, substance, chemical or compound other than tobacco, water or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product during the processing, manufacture or packing of the tobacco product.

“Flavored Tobacco Product” means any tobacco product or any component part thereof that contains a constituent that imparts a characterizing flavor.

“Tobacco Product” means any product containing tobacco or nicotine, included but not limited to cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco.* dissolvable tobacco products and electronic cigarette cartridges.

“Smoking Bar” means an establishment whose business is primarily devoted to the serving of tobacco products for consumption on the premises, in which the annual revenues generated by tobacco sales are greater than fifty percent (50%) of the total revenue for the establishment and the serving of food or alcohol is only incidental to the consumption of such tobacco products. The establishment must annually demonstrate that revenue generated from the serving of tobacco products is greater than the total combined revenue generated by the serving of beverages and food. The division of taxation in the department of administration shall be responsible for the determination under this section and shall promulgate any rules or forms necessary for the implementation of this section.

*Vendors have a 60-day grace period to sell their inventory.

8.44.051 Sale of Flavored Tobacco Products Prohibited

It shall be unlawful for any person to sell or offer for sale any flavored tobacco product to a consumer, except in a smoking bar.

8.44.052 Enforcement and Penalties.

The Cranston Police Department shall enforce the provisions of this ordinance. If an alleged violation occurs, the Cranston police department shall issue a citation that will require the tobacco dealer’s license holder to appear in Cranston municipal court. If, after a hearing, it has been proven by a preponderance of the evidence that a violation is found to have occurred, the Cranston municipal court may impose a fine of five hundred dollars ($500.00) for the first offense, one thousand dollars ($1,000.00) for the second offense, one thousand dollars ($1,000.00) together with a forty-five (45) day suspension of the tobacco dealer’s license for the third offense, one thousand dollars ($1,000.00) together with a sixty (60) day suspension of the tobacco dealer’s license for the fourth offense, and one thousand dollars ($1,000.00) together with a ninety (90) day suspension of the tobacco dealer’s license for the fifth offense. For the sixth offense, the tobacco dealer’s license shall be revoked. If a holder of a tobacco dealer’s license maintains said license for thirty-six (36) consecutive months without a violation, any new violation will be treated as a first offense. In addition to all fines, the Cranston municipal court may impose court costs. *All fine money proceeds will go to the General Fund. *All fine money, with the exception of court costs, shall be placed in a separate account to be used by the Cranston police department for the purpose of conducting tobacco compliance checks.

Section 2. This Ordinance shall take effect upon its final adoption.

Sponsored by: Councilman Archetto

Referred to Safety Services

February 6, 2012

2/16/12


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