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HomeMy WebLinkAbout4448-11/20/2000 BLACK HAWK COUNTY IOWA:SS 020O4? MISC Filed for record APR 4 , 2001 at 1ND'FX. 4:00 P.M. and recorded in Book 342 MARGIN MIS at Page 243 PROOF COMPARE RECORDER FEE 1-15.00/ . CITY OF WATERLOO ATTN: NANCY ECKERT This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4448 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING SUBSECTIONS (b) , (c) , AND (d) OF SECTION 27- 15, POSSESSION OF TOBACCO BY PERSONS UNDER EIGHTEEN YEARS OF AGE, SUPPLYING TOBACCO TO PERSONS UNDER EIGHTEEN YEARS OF AGE; PROHIBITED; AND ENACTING IN LIEU THEREOF NEW SUBSECTIONS (b) , (c) , (d) , (e) , AND (f) TO SECTION 27-15 , POSSESSING AND SUPPLYING TOBACCO TO PERSONS UNDER EIGHTEEN. Sec . 27-15 . POSSESSING AND SUPPLYING TOBACCO TO PERSONS UNDER EIGHTEEN. (b) USE OF DRIVER' S LICENSE OR NON-OPERATOR' S IDENTIFICATION CARD BY UNDERAGE PERSON TO OBTAIN CIGARETTES OR TOBACCO PRODUCTS . A person who is under the age of eighteen, who alters or displays or has in the person' s possession a fictitious or fraudulently altered driver ' s license or non- operator' s identification card and who uses the license or card to violate or attempt to violate section 27-15 (d) , commits a simple misdemeanor punishable by a fine of one hundred dollars ($100 . 00) . The court shall forward a copy of the conviction to the Iowa Department of Transportation. (c) UNLAWFUL TO SELL TO PERSONS UNDER LEGAL AGE . A person shall not sell , give, or otherwise supply any tobacco, tobacco products, or cigarettes to any person under eighteen years of age . A person, other than a retailer, who violates this section, is guilty of a simple misdemeanor. For violations of this section, by an employee of a retailer, the scheduled fine is as follows : (1) If the violation is a first offense, the scheduled fine is one hundred dollars ($100 . 00) . (2) If the violation is a second offense, the scheduled fine is two hundred fifty dollars ($250 . 00) . (3) If the violation is a third or subsequent offense, the scheduled fine is five hundred dollars ($500 . 00) . (d) UNLAWFUL FOR PERSON UNDER EIGHTEEN TO USE. A person under eighteen years of age shall not smoke, use, possess, purchase, or attempt to purchase any tobacco, tobacco products, or cigarettes . For violations of this section, the scheduled fine is as follows and is a civil penalty, and the criminal penalty surcharge shall not be added to the penalty, and the court costs shall not be imposed: (1) If the violation is a first offense, the scheduled fine is fifty dollars ($50 . 00) , and performance of eight (8) hours of community work requirements, unless waived by the court . (2) If the violation is a second offense, the scheduled fine is one hundred dollars ($100 . 00) , and performance of twelve (12) hours of community work requirements . 0342 PAGE 243 Ordinance No. 4448 Page 2 (3) If the violation is a third or subsequent offense, the scheduled fine is two hundred fifty dollars ($250 . 00) , and performance of sixteen (16) hours of community work requirements . (e) EXCEPTIONS . (1) Possession of cigarettes or tobacco products by an individual under eighteen years of age does not constitute a violation under this section if the individual under eighteen years of age possesses the cigarettes or tobacco products as part of the individual ' s employment and the individual is employed by a person who holds a valid permit or who lawfully offers for sale or sells cigarettes or tobacco products . (2) A person shall not be guilty of a violation of this section if conduct that would otherwise constitute a violation is performed to assess compliance with cigarette and tobacco products laws if any of the following applies : a. The compliance effort is conducted by or under the supervision of law enforcement officers . b. The compliance effort is conducted with the advance knowledge of law enforcement officers and reasonable measures are adopted by those conducting the effort to ensure that use of cigarettes or tobacco products by individuals under eighteen years of age does not result from participation by any individual under eighteen years of age in the compliance effort . (f) REVOCATION--SUSPENSION--CIVIL PENALTY. (1) If a person holding a permit has willfully violated section 27-15 (c) , the City shall revoke the permit upon notice and hearing. The permit holder shall be given ten (10) days ' written notice stating the reason for the contemplated revocation and the time and place at which the person may appear and be heard. The notice shall be given by mailing a copy to the permit holder' s place of business as it appears on the application for a permit . (2) If a retailer or employee of a retailer has violated section 27-15 (d) , the City, in addition to the other penalties fixed for such violations in this section, shall assess a penalty upon the same hearing and notice as prescribed in subsection 1 as follows : a. For a first violation, the retailer shall be assessed a civil penalty in the amount of three hundred dollars ($300 . 00) . Failure to pay the civil penalty as ordered under this subsection shall result in automatic suspension of the permit for a period of fourteen (14) days . b. For a second violation within a period of two (2) years, the retailer ' s permit shall be suspended for a period of thirty (30) days . c . For a third violation within a period of three (3) years, the retailer ' s permit shall be suspended for a period of sixty (60) days . 0342 PAGE 244 Ordinance No. 4448 Page 3 d. For a fourth violation within a period of three (3) years, the retailer' s permit shall be revoked. (3) If a permit is revoked a new permit shall not be issued to the permit holder for any place of business, or to any other person for the place of business at which the violation occurred, until one year has expired from the date of revocation, unless good cause to the contrary is shown to the issuing authority. (4) Notwithstanding subsection 3 , if a retail permit is suspended or revoked under this section, the suspension or revocation shall only apply to the place of business at which the violation occurred and shall not apply to any other place of business to which the retail permit applies but at which the violation did not occur. (5) The City shall report the suspension or revocation of a retail permit under this section to the Iowa Department of Public Health within thirty (30) days of the suspension or revocation of the retail permit . INTRODUCED: November 20, 2000 PASSED 1st CONSIDERATION: November 20, 2000 PASSED 2nd CONSIDERATION: November 20, 2000 PASSED 3rd CONSIDERATION: November 20, 2000 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 20th day of November, 2000, and approved by the Mayor on the 22nd day of November, 2000 . John R. R'.off, Mayor/, ATTEST: Nancy Eck t, City Clerk CERTIFICATE I , Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4448, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 20th day of November, 2000 . Witness my hand and seal of office this 22nd day of November, 2000 . (--771„0.1A79cje.c.i" Nancy Ec rt, City Clerk SEAL , 0342 PAGE 245