8.
City Council Work Session
- Meeting Date:
- 01/10/2017
- From:
- Sterling Solomon, City Attorney
- Department:
- City Attorney
Co-Submitter:
TITLE:
Discussion of Coconino County Ordinance No. 2016-08: County ordinance regulating the placement, storage and display of tobacco, vapor and electronic cigarette products for sale, and the use of vending machines related to the sale of tobacco, vapor and electronic cigarette products.
DESIRED OUTCOME:
Direction to staff related to the following two options: Option one: Opt in: Approve by resolution the application or enforcement of Coconino County Ordinance No.: 2016-08 within the boundaries of the city. • County Ordinance will become effective on January 15, 2016. Option two: Opt out of Coconino County Ordinance No.: 2016-08 and draft city ordinance: Upon (30) thirty day notice to the county, the city may rescind such approval by resolution if the matter is to be governed by the city. • Draft more specific city ordinance to address any issues of local concern.
EXECUTIVE SUMMARY:
• County ordinance regulating placement, storage, display and vending machines related to tobacco, vapor and electronic cigarette products. • County ordinance goes into effect January 15, 2016. • Prevents those that sell tobacco products, vapor products and electronic cigarettes from placing, storing, displaying or using vending machines for these items in areas accessible to the public. • Exemption for businesses that allow entry only to individuals who show I.D. demonstrating they are 18 or older. • State law gives city the right to opt in to county ordinance, allowing its application within the city; or to opt of county ordinance by adopting a more specific city ordinance.
INFORMATION:
On November 15, 2016, the Coconino County Board of Supervisors adopted Ordinance No. 2016-08 which prevents persons and businesses that sell tobacco products, vapor products and electronic cigarettes from placing, storing, and displaying these products, or using vending machines for these items in areas accessible to the public without employee assistance. Those businesses that prohibit entry of anyone under 18 and require photo I.D. for anyone appearing to be 27 years of age or younger prior to entering the business are exempt from this county ordinance. State law found in ARS 11-251.05 controls when a county ordinance applies within city boundaries. If a city council finds that that subject matter of the ordinance is NOT either: 1) a matter of local concern; or 2) governed by an existing city or town ordinance, then the Council shall approve the ordinance by resolution for application within the city. If a council finds that the matter is a local concern such that the Council wants to adopt a more specific city ordinance on the matter, then the ordinance will not apply within the city boundaries and it cannot be enforced by anyone within those boundaries. Currently, no city ordinance similar to this county ordinance exists. If the City Council finds the matter is not of local concern that requires a more specific city ordinance, then the city opts in to the county ordinance making it applicable and enforceable within the city. Conversely, if the City Council finds the matter is of local concern such that a more specific city ordinance is needed, then the city opts out of the county ordinance. Council would then provide the additional specific regulations it desires to staff and staff would develop a city ordinance to bring back to Council for consideration.