Notice of Public Hearing

Posted Friday, November 1, 2019 2:14 pm

CITY OF CRANSTON

SAFETY SERVICES &

LICENSES COMMITTEE

NOTICE OF PUBLIC HEARING

A Public Hearing will be heard before the Safety Services & Licenses Committee on Monday, November 4, 2019 at 6:00 p.m. Cranston Council Chambers, City Hall, 869 Park Avenue, City Hall, Cranston, R.I. pursuant to Section 3.12 of the Charter on the following proposed Ordinance.

Copies of all proposed Ordinances are available for public review at the City Clerk’s Office, Cranston Central Library and on the City website: cranstonri.com under calendar by clicking the Committee meeting date.

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

Christopher G. Paplauskas, Chair

Safety Services & Licenses Committee

Maria Medeiros Wall, JD

City Clerk

PROPOSED ORDINANCE NO. 10-19-05 AMENDMENT OF TITLE 5, CHAPTER 68 OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED “TOBACO DEALERS”

(Tobacco Dealers Revised 2019)

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

SECTION 1:  Chapter 5.68, entitled “Tobacco Dealers” is hereby amended as follows:

5.68.010 - Definitions.

“Compliance check violation” means any sale of tobacco products to and/or by a person who is less than eighteen (18) twenty one (21) years of age.

[“Electronic smoking device” means an electronic and/or battery-operated device, the use of which may resemble smoking, that can be used to deliver an inhaled dose of nicotine or other substances. “Electronic smoking device” includes any such device, whether manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.

“Tobacco products” means any substance containing tobacco leaf, including, but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco or rolling papers, and electronic smoking devices.

“Vending machines” means any mechanical, electric or electronic self service device which, upon insertion of money, tokens, or any other form of payment, dispenses tobacco products. ]

“Characterizing flavor” means a distinguishable taste or aroma, other than the taste or aroma of tobacco, 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, menthol, mint, wintergreen, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice; provided, however, that no 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.

“Cigar” means any roll of tobacco other than a Cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than four pounds per thousand.

“Cigarette” means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco, and (2) 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 described in clause (1) of this definition.

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

“Constituent” means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet, which is added by the manufacturer to a tobacco product during the processing, manufacture, or packing of the tobacco product. Such term shall include a smoke constituent.

“Consumer” means a person who purchases a tobacco product for consumption and not for sale to another.

“Coupon” means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue; whether in paper, digital, or other form; used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.

“Distinguishable” means perceivable by an ordinary consumer by either the sense of smell or taste.

“Electronic smoking device” means an electronic device which can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. Electronic smoking device includes any such electronic smoking device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, and electronic hookah, or any other product name or descriptor. Electronic smoking device does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.

“Electronic smoking device establishment” means any business which does not sell food or beverages and for which the principal or core business is selling electronic smoking devices, as evidenced by any of the following: [thirty-three percent (33%) ] or more of floor or display area is devoted to electronic smoking devices; or [ sixty-seven percent (67%) ] or more of gross sales receipts are derived from electronic smoking devices. ]

“Flavored tobacco product” means any tobacco product, that contains a constituent that imparts a characterizing flavor.

“Full retail price” means the higher of the price listed for a tobacco product on its packaging or the price listed on any related shelving, posting, advertising, or display where the tobacco product is sold or offered for sale, plus all applicable taxes and fees if such taxes and fees are not included in the listed price, and before the application of any discounts or coupons.

“Little cigar” means any roll of tobacco other than a Cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than four pounds per thousand. “Little Cigar” includes, but is not limited to, tobacco products known or labeled as “small cigar” or “little cigar.”

“Non-cigarette tobacco product” means a tobacco product that is not a cigarette.

“Package or packaging” means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a tobacco product is sold or offered for sale to a consumer.

“Person” means any natural person, partnership, firm, joint stock company, corporation, or employee thereof, or other legal entity.

“Sale or sell” means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever.

“Smoke constituent” means any chemical or chemical compound in mainstream or sidestream tobacco product smoke that either transfers from any component of the tobacco product to the smoke or that is formed by the combustion or heating of tobacco, additives, or other component of the tobacco product.

“Tobacco Paraphernalia” means any item designed or marketed for the consumption, use, or preparation of Tobacco Products.

“Tobacco product” means: (1) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoke, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff; and (2) any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. Notwithstanding any provision of clauses (1) and (2) in this definition to the contrary, tobacco product includes any component, part, or accessory of a tobacco product, whether or not sold separately; tobacco product does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.

“Vending machine” means any mechanical, electric, or electronic self-service device which, upon insertion of money, tokens, or any other form of payment, dispenses tobacco products.

5.68.020 - License required.

It shall be unlawful to sell or offer for sale, to give away, deliver or to keep with the intention of selling, giving away or delivering tobacco products within the city without having first obtained a tobacco dealer’s license pursuant to this chapter. Such license shall be in addition to any other license required by state and/or federal law. A tobacco dealer’s license is valid for one person at one location and may not be transferred from one person to another or from one location to another. Failure to obtain a license shall result in a fine of two hundred dollars ($200.00). Fee for the city license shall be one hundred fifty dollars ($150.00) per year.

5.68.030 - License application.

A Cranston tobacco dealer’s license shall be made in writing to the office of the Cranston city clerk.

Application for a tobacco dealer’s license shall be issued administratively by the city clerk for up to five years. All tobacco dealer’s licenses shall expire together on the last day of August and shall not be issued for more than sixty (60) months. All retailers holding valid state tobacco licenses upon the adoption date of the ordinance codified in this chapter shall receive a Cranston dealer’s license. Any individual corporation, partnership, retailer, or any other organization shall obtain a valid state tobacco license prior to approval for a Cranston tobacco dealer’s license.

Any individual, corporation, partnership, retailer, or any other organization denied a Cranston tobacco dealer’s license shall have the right to appeal to the Cranston City [county] Council safety services & licenses committee.

5.68.040 – [Prohibitions applicable to license holders, their employees and agents.]

Requirements and prohibitions applicable to licensees

[A person who holds a license issued under this chapter, or any employee or agent of same, is prohibited from selling, distributing, or delivering any tobacco product or other items to any individual that is under eighteen (18) ears of age, whether said tobacco is sold, distributed or delivered in person or via vending machine.]

(a) A Person shall not sell, give, or furnish any Tobacco Product or Tobacco Paraphernalia to any individual under 21 years of age.

(b) No licensee, or employee or agent of such licensee, shall sell or possess with the intention of selling a tobacco product to another person who appears to be under the age of twenty-seven (27) years without first examining the identification of the recipient to confirm that the recipient is at least twenty-one (21) years of age.

(c) Display of price. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed to clearly indicate the price of the product.

(d) Packaging and labeling. No licensee, or employee or agent of such licensee, shall sell any tobacco product unless such product: (1) is sold in the original manufacturer’s packaging intended for sale to consumers; and (2) conforms to all applicable federal labeling requirements.

(e) Prohibition of tobacco coupons and discounts. No licensee, or employee or agent of such licensee, shall:

(i) Accept or redeem, or offer to accept or redeem, or cause or hire any person to accept or redeem or offer to accept or redeem any coupon that provides any tobacco product to a consumer without charge or for less than the full retail price;

(ii) Sell any tobacco product to a consumer through a multiple-package discount (e.g., “buy-two-get-one-free”) or otherwise provide any tobacco product to a consumer for less than the full retail price in exchange for the purchase of any other tobacco product;

(iii) Provide any free or discounted item to a consumer in exchange for the purchase of any tobacco product.

(f) Sale of flavored tobacco products prohibited. No licensee, or employee or agent of such licensee, shall sell any flavored tobacco product to a consumer. A non-cigarette tobacco product is presumed to be a flavored tobacco product if a manufacturer or any of the manufacturer’s agents or employees has: (1) made a public statement or claim that the non-cigarette tobacco product has or produces a characterizing flavor, including, but not limited to, text and/or images on the product’s labeling or packaging that are used to explicitly or implicitly communicate information about the flavor, taste, or aroma of a non-cigarette tobacco product; or (2) taken action directed to consumers that would be reasonably expected to result in consumers believing that the non-cigarette tobacco product imparts a characterizing flavor. Each licensee shall maintain on the premises the original labeling and packaging provided by the manufacturer for all tobacco products that are sold or offered for sale by the licensee separately from the original packaging designed for retail sale to the consumer. The original labeling and packaging from which the contents are sold separately shall be maintained during such time as the contents of the package are offered for sale, and may be disposed of upon the sale of the entire contents of such package.

This subsection (f) shall not apply to the following businesses:

(1) A retail tobacco store as defined in Section 23-20.10-2(16) of the Rhode Island General Laws.

(2) A smoking bar as defined in Section 23-20.10-2(20) of the Rhode Island General Laws.

(3) An electronic smoking device establishment.

5.68.080 - Severability

If any provision of this article, or application thereof to any person or circumstances, is held unconstitutional, illegal, or otherwise invalid, the remaining provisions of this article and the application of such provisions to other persons or circumstances, other than those to which it is held invalid, shall not be affected thereby.

SECTION 2. This Ordinance shall take effect on July 1, 2020.