HomeMy WebLinkAboutBIL 135 Draft 01 2012-2014 COUNTY OF HAWAII :•.4 ""�'�k •• STATE OF HAWAII
BILL NO. 135
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 14 OF THE HAWAII COUNTY CODE 1983
(2005 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO THE
DISTRIBUTION OF TOBACCO PRODUCTS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 14 of the Hawai`i County Code 1983 (2005 edition, as amended)
is amended by adding a new article to be appropriately designated and to read as follows:
"Article . Distribution of Tobacco Products.
Section 14- . Definitions
As used in this article:
"Department" means the Hawai`i police department.
"Distribute" means to give, deliver or sell, or cause or hire any person to give,
deliver or sell, or offer to give, deliver or sell.
"Person" includes natural persons, partnerships, joint ventures, societies,
associations, clubs, trustees, trusts, or corporations or any officer, agent, employee,
factor, or any other personal representative thereof, on any capacity, acting either for
himself or for any other person, under personal appointment or pursuant to law.
"Proof of age" means a driver's license, license for identification only, or other
generally accepted means of identification with a photograph of the individual affixed
thereon that indicates that the individual is twenty one years of age or older or was born
before or on June 30, 1996.
"Tobacco product" means any product that contains tobacco and is intended for
human consumption or use, including, but not limited to, cigarettes, cigars, pipe tobacco,
chewing tobacco, snuff, and electronic smoking devices as defined in section 709-908 of
the Hawai`i Revised Statutes. Tobacco product does not include products that have been
approved by the United States Food and Drug Administration for sale as a tobacco
cessation product, as a tobacco dependence product, or for other medical purposes, and
are marketed and sold solely for such an approved purpose.
Section 14- . Prohibition; verification of age; penalties.
(a) It is unlawful for any person to distribute a tobacco product to any person under
twenty one years of age, with the exception of any person who is eighteen years of
age or older before or on June 30, 2014, and at such time could be a lawful recipient
of a tobacco product.
(b) A person who distributes tobacco products shall verify proof of age from a
prospective recipient if an ordinary person would conclude on the basis of
appearance that the prospective recipient may be less than twenty seven years of
age.
(c) Any person who violates this section shall be subject to a fine of$500 for the first
offense. Any subsequent offenses shall subject the person to a fine of not less than
$500 nor more than $2,000.
Section 14- . Posted signs required.
(a) From July 1, 2014, through June 30, 2017, every person who sells or displays
tobacco products shall post conspicuously and keep so posted at the place of
business at each point of sale a sign which states, "The sale of tobacco products to
persons born after June 30, 1996 is prohibited," in letters at least one-half inch high.
(b) As of July 1, 2017, every person who sells or displays tobacco products shall post
conspicuously and keep so posted at the place of business at each point of sale a
sign which states, "The sale of tobacco products to persons under twenty-one years
of age is prohibited," in letters at least one-half inch high.
(c) Any person failing to post a notice in compliance with this section shall be subject
to a fine of$100 for the first offense, $250 for the second offense, and $500 for the
third and all subsequent offenses.
Section 14- . Enforcement.
The department or its authorized delegates may conduct random, unannounced
inspections at locations where tobacco products are distributed to test and ensure
compliance with this article, and shall generally enforce the provisions of this article.
This article shall not apply to controlled purchases as part of a law enforcement activity
or a study authorized by the State department of health under the supervision of law
enforcement."
SECTION 2. If any provision of this ordinance, or the application thereof to any person
or circumstance is held invalid, such invalidity shall not affect other provisions or applications of
the ordinance which can be given effect without the invalid provision or application, and to this
end, the provisions of this ordinance are declared to be severable.
SECTION 3. This ordinance shall take effect on July 1, 2014.
INTRODUCED BY:
COUNCI MEMB R, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2°d Reading:
Effective Date:
REFERENCE Comm. 447 2