HomeMy WebLinkAbout4122-08/28/1995ORDINANCE NO. 4123
AN ORDINANCE AMENDING THE 1993 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
ADDING SECTION 27-24, POSSESSION OF TOBACCO BY
PERSONS UNDER EIGHTEEN YEARS OF AGE, AND
SUPPLYING TOBACCO TO PERSONS UNDER EIGhT1EN
YEARS OF AGE, PROHIBITED, OF CHAPTER 27,
OFFENSES --MISCELLANEOUS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA, as follows:
That Section 27-24, Possession of Tobacco by Persons Under
Eighteen Years of Age, and Supplying Tobacco to Persons Under
Eighteen years of Age, Prohibited, of Chapter 27 Offenses --
Miscellaneous, of the 1993 Code of Ordinances of the City of
Waterloo, Iowa, is hereby enacted as follows:
Sec. 27-24. Possession of tobacco by persons under eighteen
years of age, and supplying tobacco to persons
under eighteen years of age, prohibited.
(a) Definitions.
(1) The term "cigarette" shall mean any roll for
smoking made wholly or in part of tobacco, or any
substitute for tobacco, irrespective of size or
shape and irrespective of tobacco or any substitute
for tobacco being flavored, adulterated, or mixed
with any other ingredient, where such roll has a
wrapper or cover made of paper or any other
material.
(2) "Cigarette vending machine" shall mean any self-
service device offered for public use which, upon
insertion of a coin, coins, paper currency, or by
other means, dispenses cigarettes or tobacco
products without the necessity of replenishing the
device between each vending operation.
(3) "Cigarette vendor" shall mean any person who by
contract, agreement, or ownership takes
responsibility for furnishing, installing,
servicing, operating, or maintaining one or more
cigarette vending machines for the purpose of
selling cigarettes at retail.
(4) "Place of business" is construed to mean and
include any place where cigarettes are sold or
where cigarettes are stored within the City of
Waterloo by the holder of an Iowa permit or kept
for the purpose of sale or consumption; or if sold
from any vehicle, the vehicle on which or from
which such cigarettes are sold shall constitute a
place of business.
(5) "Tobacco products" means cigars; little cigars;
cheroots; stogies; periques; granulated; plug cut,
crimp cut, ready rubbed, and other smoking tobacco;
snuff, snuff flour; cavendish; plug and twist
tobacco; fine-cut and other chewing tobaccos;
shorts; or refuse scraps, clippings, cuttings and
sweepings of tobacco, and other kinds and forms of
tobacco, prepared in such manner as to be suitable
far chewing or smoking in a pipe or otherwise, or
both for chewing and smoking; but does not mean
rgarettes.
(6) "Person" shall mean and include every individual,
f.rm, association, joint stock company, syndicate,
copartnership, corporation, trustee, agency or
receiver or respective legal representative.
anni f)1f PME4IU
Ordinance
Page 2
No. 4123
(b) It shall be unlawful for any person to sell, give, or
otherwise supply any tobacco, tobacco products, or
cigarettes to any person under eighteen years of age.
(c) It shall be unlawful for a person under eighteen years of
age to smoke, use, possess, purchase, or attempt to
purchase any tobacco, tobacco products, or cigarettes.
(d) Penalties. Anyone who violates Subsection (b) shall be
guilty of a simple misdemeanor. For violation of
Subsection (c), the scheduled fine is twenty-five dollars
($25.00). Failure to pay the scheduled fine shall be a
simple misdemeanor punishable by a fine of an additional
twenty-five dollars ($25.00).
(e) Invalidity. If any portion of this Section should be
declared invalid for any reason whatsoever, such
invalidity shall not affect the remaining portion of this
Section, which shall remain in full force and effect and
to this end, the provisions of this Section are hereby
declared severable.
(f) Conflicting ordinances. Any other ordinances or parts of
ordinances in conflict herewith are hereby repealed.
INTRODUCED:
PASSED 1ST CONSIDERATION:
PASSED 2ND CONSIDERATION:
PASSED 3RD CONSIDERATION:
August 28, 1995
August 28, 1995
August 28, 1995
August 28, 1995
PASSED AND ADOPTED by the City Council of the City
Waterloo, Iowa, on the 28th day of August, 1995, and approved
the Mayor on the 30th day of August, 1995.
ATTEST:
)h ZAGo
Susan Fangman,, Ci.ty Clerk
John ooff, May
CERTIFICATE
of
by
I, Susan Fangman, City Clerk of the City of Waterloo, Iowa, do
hereby certify that the preceding is a true and complete copy of
Ordinance No. 4123, as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 28th day of August, 1995.
Witness my hand and seal of office this 30th day of August,
1995.
Misc
x
PROOF
COMPa
Susan
ipAL
Fangman, Citi Clerk
14113
BLACK HAWK COUNTY IOWA: SS
Filed for record Feb 7 , 19 96 at
11:30 A .M. and recorded in Book 319
of Misc Page 476
Cz.;).,1),14.0
Fee 1- 10.00/.
CITY OF WATERLOO
CLERK/AUDITOR
Recorder
BOOK 319 PAGE 477
'ORM ' 1 T.
STATE OF IOWA,
Black Hawk County,
;0.4123
P AMENDING
OF ORDI-
CITY OF
BY ADDING
OSSESSION
BY PERSONS
'EEN YEARS OF
_UPPLYING TOBAC-
(SONS UNDER EIGH-
IRS OF AGE, PROHIB-
OF CHAPTER 27,
ES --MISCELLANEOUS.
ORDAINED BY THE CITY
f4CIL OF THE CITY OF
,.TERLOO, IOWA, as follows:
hat Section 27-24, Possession of
Tobacco by Persons Under Eigh-
teen Years of Age, and Supplying
Tobacco to Persons Under Eighteen
Years of Age,- Prohibited, of
Chapter 27 Offenses --Miscella-
neous, of the 1993 Code of Ordi-
nances of the City of Waterloo,
Iowa, is hereby enacted as follows:
Sec. 17-24. Possession of tobac-
co by persons under eighteen years
of age, and supplying tobacco to
persons under eighteen years of
age, prohibited.
(a) Definitions.
(1) The term "cigarette" shall
mean ".any roll for smoking made
i wholly or in part of tobacco, or any
substitute for tobacco; inespective
of size or shape and irrespective of
tobacco or any substitute for tobac-
co being flavored, adulterated, or
mixed- withany other' ingredient,
where such roll has a wrapper or
cover made of paper or, any
other material.
' (2) "Cigarette vending machine"
shall mean any self service device
offered for public use which, upon
insertion of a coin, coins, paper cur-
rency, or by other means, dispens-
es cigarettes or tobacco products
without the necessity of replenish-
ing the device between each vend-
ing operation.
(3) 'Cigarette vendor' shall mean
any person who by contract,
agreement, or ownership ;
takes responsibility for furnish-
ing, installing,. servicing, operat-
ing, or maintaining one ormore
cigarette vending machines for
the purpose of selling cigarettes at
retail.
(4) 'Place of business' is con-
strued to mean and include any
place where cigarettes are sold or
where cigarettes are stored within
the City of Waterloo by the holder of
an Iowa permit or kept for the pur-
pose of sale or consumption; or if
sold from any vehicle, the vehicle
on which or from which such
cigarettes are sold shall constitute a
place of business.
(5) 'Tobacco products' means
cigars; little cigars; cheroots; sto-
gies; periques; granulated; plug cut,
crimp cut, ready rubbed, and other
smoking tobacco; snuff, snuff
flour; cavendish; plug and twist
tobacco; fine -cut -and other chew-
ing tobaccos; shorts; or refuse
scraps, clippipgs, cuttings and
sweepings of tobacco, and other
kinds and'forms of tobacco,• pre-
pared in such manner as to.be suit- I
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I do solemnly swear that the annexed copy of legal City of Waterloo
Ordinance 4123
notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in
Waterloo, Black Hawk County, Iowa, once commencing on the
day of
2nd
November 19 95 in the name of
said newspaper, and that the annexed rate of advertised is the regular legal rate of said
newspaper, and that the following is a correct bill for publishing said notice.
Printer's Bill $ 40.04
Subscribed and sworn to before me this
1)
oebuzgL
Received of
Signed
—&19d-1day of
A.D.,19 9
Notary Public
the sum of
in full for publication of the above notice.
Dollars