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HomeMy WebLinkAboutOrdinance #3062 - amending title 3 (business regulations) chapter 7 (cigarettes) ORDINANCE NO. 3062 AN ORDINANCE AMENDING TITLE 3 (BUSINESS REGULATIONS) CHAPTER 7 (CIGARETTES) WHEREAS, the Legal and Ordinance Committee has determined that Tile 3 (Business Regulations) Chapter 7 (Cigarettes) should be changed to coincide with current State laws regarding smokeless tobacco products, electronic cigarettes, the age of those who can purchase such products, and to allow such violations to be settled without going to court; and WHEREAS, the Legal and Ordinance Committee has reviewed the proposed amendments and concur that they are necessary and in the best interest of the administration of the City of Canton, its employees and citizens; WHEREAS, the City of Canton is desirous of exercising its authority to settle such ordinance violations without going to court; and WHEREAS, in furtherance of its statutory powers to amend the Municipal Code for the City of Canton, the City Council and the Mayor, have determined that it is the best interest of the City to regulate the sale of smokeless tobacco products, electronic cigarettes, the age of those who can purchase such products, and the amount of the penalty imposed and ability to settle the fine. WHEREAS, the City Council has made a similar determination. NOW THEREFORE, BE IT ORDAINED, by the Mayor and the City Council for the city of Canton, Illinois, as follows: 1. That Title 3 (Business Regulations), Chapter 7 (Cigarettes) Section 1 (License Required) of the Canton Municipal Code shall be amended insofar as Section 3-7-1 is concerned as follows: 3-7-1: LICENSE REQUIRED: No person shall engaged in the sale of cigarettes containing tobacco in any form, electronic cigarettes, or smokeless tobacco, in the City, without first having taken out a license therefore in the manner following: Any person desiring to sell the same shall make written application to the mayor through the clerk, designating the location at which such sales are proposed to be made, which said application shall be accompanied by a bond payable to the city, in a penal sum of five hundred dollars ($500.00), with two (2) good and sufficient sureties, to be approved by the mayor, conditioned for the faithful observance and obedience of all the laws of the state of Illinois, and all provisions of this code now in force, or which may hereafter be in force, with reference to the sale of such cigarettes upon compliance with such requirements and the payment, in advance, of the required license fee to the clerk, a license shall be issued by the mayor, countersigned by the clerk, authorizing such sale by the persona at the place designated in such license. NLR Ordinances 5/20/14 2. That Title 3 (Business Regulations), Chapter 7 (Cigarettes) Section 6 (Sale to Minors) of the Canton Municipal Code shall be amended insofar as Section 3-7-6 is concerned as follows: 3-7-6: SALE TO MINORS No person, either as principal, clerk or agent, shall sell, buy for or give away, either directly or indirectly, any cigarette, electronic cigarette, cigar, or tobacco (including smokeless tobacco), in any form, to any minor person under the age of eighteen (18) years, within the city. 3. That Title 3 (Business Regulations), Chapter 7 (Cigarettes) Section 9 (Penalty) of the Canton Municipal Code shall be amended insofar as Section 3-7-9 is concerned as follows: 3-7-9: PENALTY Any minor who shall violate any of the several provisions of this chapter, shall be subject to a fine of not less than $25.00 and no more than $750.00 for each offense. Settlement of such violations may be done in accordance with the provisions as set forth in the section of this Code that allows for the settlement of citations written for certain Code violations. Any person who shall violate any of the several provisions of this chapter, shall be subject to a fine of not less than $100.00 and no more than $750.00 for each offense. PASSED by the City Council of the City of Canton, Illinois and approved by the Mayor thereof this 3rd day of June, 2014, upon a roll call vote as follows: AYES: Aldermen Ellis, Lovell, West, Putrich, Pickel, Jim Nelson NAYS: None ABSENT: Alderman Justin Nelson Approved: �� .�� � ' Jeffrey� , ayor ��' f' ,/� . ;' ,✓' /' Attest: � . iana Pavley-Rock, ity Clerk NLR Ordinances 5/20/14