The Governing Body of the City of Ottawa, Kansas, finds that youth addiction to tobacco products is a public health problem with grave health consequences. The purpose of this ordinance is to provide a strict and enforceable means of preventing the illegal sale of tobacco products to minors.
License- means a license issued by the City of Ottawa, Kansas for the retail sale of tobacco products.
Licensee- means the holder of a valid license for the retail sale of tobacco products.
Minor- means any person under eighteen (18) years of age.
Public Place- means any area to which the public is invited or in which the public is permitted, including, but not limited to, any right-of-way, mall or shopping center, park, playground, and any other property owned by the City, and any school district, or any park district.
Retail Tobacco Store- means a retail store where tobacco products are sold.
Self-Service Displays- means open displays of tobacco products and point-of-sale tobacco promotional products that the public has access to without the intervention of a store employee.
Tobacco Product- A. Any product containing, made, or derived from tobacco or containing nicotine, whether synthetically produced or derived from other sources that is intended for human consumption (not marketed for cessation). B. 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 (and not marketed for cessation). C. Any component, part or accessory of A. or B., whether or not sold separately (and not marketed for cessation).
Tobacco Vending Machine- means any machine or device designated for or used for the vending of cigarettes, cigars, tobacco, or tobacco products upon the insertion of coins, trade checks, or slugs.
Vendor-assisted- means only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until after it is purchased.
No retailer shall sell or permit to be sold any tobacco products to an individual without requesting and examining photographic identification or other evidence establishing the purchaser’s age as eighteen (18) years or greater.
After July 1, 1997, it shall be unlawful for a retailer to sell cigarettes or other tobacco products unless that retailer holds and maintains a valid license from the City of Ottawa, Kansas, for each location in which tobacco products are sold. All such licenses shall be valid for two years from the date of issue or until the expiration of the retail dealer’s license issued by the State of Kansas, whichever shall occur sooner.
(Code 2015; Ord. 3961-17)
The fee for the license shall be twenty-five dollars ($25.00), and shall be due before each initial license is granted, and thereafter again biennially upon the renewal of each license.
(Code 2015; Ord. 3961-17)
A tobacco retail license is non-transferable, except a new license will be issued to a tobacco retailer who changes location.
To sell cigarettes or tobacco products by means of a vending machine in any establishment, or portion of an establishment, which is open to minors is prohibited except that this section shall not apply to:
A. The installation and use by a proprietor of the establishment, or by the proprietor’s agents or employees, of vending machines behind a counter, or in some place in such establishment, or portion thereof, to which minors are prohibited by law from having access.
B. The installation and use of a vending machine in a commercial building or industrial plant, or portions thereof, where the public is not customarily admitted and where machines are intended for the sole use of adult employees employed in the building or plant.
C. A vending machine which has a lock-out device which is inoperable in the continuous standby mode and which requires manual activation by the person supervising the operation of the machine each time cigarettes or tobacco products are purchased from the machine.
It is unlawful to sell cigarettes out of the manufacturer’s package without required health warnings. It is unlawful to sell cigarettes in packages of fewer than twenty (20) cigarettes per package.
No person shall knowingly distribute or furnish without charge or at nominal charge, or cause to be furnished or distributed without or at nominal charge, cigarettes or other tobacco products, or coupons for cigarettes or other tobacco products, in any public place or at any event open to the public, except in retail tobacco stores.
A. Any license holder who violates any provisions of this ordinance shall have his license suspended after notice and opportunity to be heard as follows:
1. In the case of a first violation, the licensee shall be fined up to two hundred dollars ($200) and shall be notified in writing of penalties levied for further violations.
2. In the case of a second violation within a two-year period, the licensee shall be fined up to five hundred dollars ($500) and the license shall be suspended for not less than thirty (30) consecutive business days nor more than three (3) months. Tobacco retailers must remove all tobacco merchandise from all areas accessible to the public while the license is suspended.
3. In case of three (3) or more violations within a two year period, the licensee or his/her employee shall be fined up to one thousand dollars ($1,000) and the license shall be revoked for not less than six (6) months nor more than eighteen (18) months from the date of the revocation. Tobacco retailers must remove all tobacco merchandise from all areas accessible to the public while the license is suspended.
B. The Municipal Court shall conduct hearings regarding license suspensions, if a license-holder requests such hearing in writing with the Clerk of the Municipal Court, within ten (10) days after receipt of notice of suspension. Rulings made by the Municipal Court, after such hearing, shall be final.
Violations of Sections 11-904, 11-907, and 11-909 of this ordinance are subject to a fine of up to one thousand dollars ($1,000.00) per day.