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ANCHORAGE, ALASKA AO No. 2019-90(S)

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ANCHORAGE, ALASKA AO No. 2019-90(S) Submitted by: Assembly Member Weddleton, Assembly Member LaFrance, and Assembly Member Quinn- Davidson Prepared by:Assembly Counsel For reading: July 23, 2019 ANCHORAGE, ALASKA AO No. 2019-90(S) 1 AN ORDINANCE OF THE ANCHORAGE ASSEMBLY AMENDING CERTAIN 2 SECTIONS OF ANCHORAGE MUNICIPAL CODE TITLE 14 TO INCREASE THE 3 MINIMUM LEGAL AGE TO PURCHASE TOBACCO PRODUCTS TO 21, 4 INCLUDING ELECTRONIC SMOKING PRODUCTS AND PRODUCTS 5 CONTAINING NICOTINE IN THE REGULATION OF TOBACCO PRODUCTS, 6 MAKE CONFORMING AMENDMENTS TO THE FINE SCHEDULE IN TITLE 14 7 AND COMPLEMENTARY AMENDMENTS TO TITLE 12, AND RELATED 8 MATTERS. 9 10 WHEREAS, Tobacco use is the number one cause of preventable death in the 11 United States, at approximately 480,000 per year; and 12 13 WHEREAS, Every year in Alaska, healthcare costs directly caused by smoking 14 are about $438 million, and more people die from direct tobacco use than from 15 suicide, motor vehicle crashes, liver disease, homicide, and HIV/AIDS combined; 16 and 17 18 WHEREAS, National data shows that 95% of adult smokers begin smoking before 19 they turn 21 years old, and that the ages of 18 to 21 are a critical period when 20 many smokers move from experimental smoking to daily use; and 21 22 WHEREAS, Over 360 cities across the country have raised the minimum legal 23 sales age of tobacco to 21 years old, in response to a national initiative effort 24 called “Tobacco 21”; and 25 26 WHEREAS, Most of the tobacco acquired by youth under 18 comes from social 27 sources, and Tobacco 21 policies have resulted in a decrease of high school aged 28 tobacco use by up to 50%; and 29 30 WHEREAS, Last year, the City and Borough of Sitka became the first jurisdiction 31 in Alaska to pass a measure raising the legal age to purchase tobacco to 21, 32 following a study and poll by the Sitka Health Needs and Human Services 33 Commission showing 71.5% of Sitkans supported raising the minimum age to buy 34 tobacco; and 35 36 WHEREAS, The Anchorage Assembly supports the objectives of Tobacco 21 to 37 support our young people by reducing access and delaying the decision to use 38 tobacco, alleviating the detrimental effects from tobacco in the Municipality of 39 Anchorage; and AO 2019-90(S) regarding regulation of tobacco, electronic smoking products Page 2 of 13 and products containing nicotine 1 2 WHEREAS, The Alaska Legislature and Governor passed Senate Bill 15 in 2018, 3 which regulates electronic smoking products (used for vaping) and products 4 containing nicotine (except those under prescription or an other use exception) 5 and outlines certain prohibitions on tobacco use, sale and possession; and 6 WHEREAS, A consortium of national public health organizations, including the 7 Cancer Action Network of the American Cancer Society and the American Lung 8 Association, released a “Tobacco 21: Model Policy” document on April 12, 2019, 9 to assist states and local governments considering raising the legal age to 10 purchase tobacco products to 21; and 11 12 WHEREAS, The Anchorage Assembly desires to update the Anchorage Municipal 13 Code similarly to how the State has, with guidance from the Model Policy, and to 14 make complementary and conforming amendments in its tax, regulation, and use 15 restriction regulations for tobacco products; now, therefore, 16 17 THE ANCHORAGE ASSEMBLY ORDAINS: 18 19 Section 1. Anchorage Municipal Code chapter 14.70 is hereby amended by 20 adding a new section 14.70.005 to read as follows: 21 22 14.70.005 – Definitions for sections 14.70.005 to .030. 23 24 Definitions. The following words, terms, and phrases, when used in sections 25 14.70.005 through .030, shall have the meanings ascribed to them in this 26 section, except where the context clearly indicates a different meaning: 27 28 “Distribute” or “Distribution” means to furnish, give, provide, 29 sell, or to attempt to do so, whether gratuitously or for compensation. 30 31 “Electronic smoking device” means any device that may be 32 used to deliver any aerosolized or vaporized substance to the person 33 inhaling from the device, including, but not limited to, an e-cigarette, 34 e-cigar, e-pipe, e-hookah, or vape pen. Electronic smoking device 35 includes any component, part, or accessory of the device, and also 36 includes any substance intended to be aerosolized or vaporized 37 during the use of the device, whether or not the substance contains 38 nicotine. Electronic smoking device does not include marijuana or 39 marijuana products, nor drugs, devices, or combination products 40 authorized for sale by the U.S. Food and Drug Administration, as 41 those terms are defined in the Federal Food, Drug and Cosmetic Act. 42 43 "Retail adults-only tobacco store" means any retail 44 establishment which: 45 a. Primarily sells tobacco products; 46 b. Prohibits any person under the age of 21 from entering 47 such retail establishment in accordance with 48 subsection 14.70.020B.; 49 c. Has not been the site of two or more citations for a 50 violation of this section in the previous 180 days unless 51 AO 2019-90(S) regarding regulation of tobacco, electronic smoking products Page 3 of 13 and products containing nicotine 1 all or all but one of such citations are overturned on 2 appeal; and 3 d. Posts warning signs as described in subsection 4 14.70.020C. 5 6 “Tobacco product” means 7 a. any product containing, made of, or derived from 8 tobacco or nicotine that is intended for human 9 consumption or is likely to be consumed, whether 10 inhaled, absorbed, or ingested by any other means, 11 including, but not limited to, a cigarette, a cigar, 12 smoking tobacco, cheroot, stogie, perique, clove, 13 kretek, chewing tobacco, iqmik, snuff, or snus; 14 b. any electronic smoking device and any substances that 15 may be aerosolized or vaporized by such device, 16 whether or not the substance contains nicotine; or 17 c. any component, part, or accessory of a. or b. above, 18 whether or not any of these contain tobacco or nicotine, 19 including, but not limited to, filters, rolling papers, blunt 20 or hemp wraps, and pipes. Tobacco product does not 21 include marijuana or marijuana products, nor drugs, 22 devices, or combination products authorized for sale by 23 the U.S. Food and Drug Administration, as those terms 24 are defined in the Federal Food, Drug and Cosmetic 25 Act. 26 27 “Tobacco retailer” means any person who owns, operates, or 28 manages any retail establishment where tobacco products are 29 available for sale to the general public. The term includes, but is not 30 limited to, any person who owns a controlling interest, operates, or 31 manages a grocery store, retail adults-only tobacco store, 32 convenience store, gasoline service station, bar, or restaurant. 33 34 Section 2. Anchorage Municipal Code section 14.70.020 is hereby amended to 35 read as follows (the remainder of the chapter is not affected and therefore not set 36 out): 37 38 14.70.020 - Restrictions on the manner of selling [TOBACCO AND] 39 tobacco products, including electronic smoking devices 40 [products, and products containing nicotine]. 41 42 A. [DEFINITIONS.] 43 44 [1. "RETAIL ADULTS-ONLY TOBACCO STORE" MEANS ANY 45 RETAIL ESTABLISHMENT WHICH: 46 a. PRIMARILY SELLS TOBACCO AND TOBACCO 47 PRODUCTS WHILE ONLY INCIDENTALLY 48 OFFERING OTHER PRODUCTS; 49 b. PROHIBITS ANY PERSON UNDER THE AGE OF 19 50 FROM ENTERING SUCH RETAIL ESTABLISHMENT 51 AO 2019-90(S) regarding regulation of tobacco, electronic smoking products Page 4 of 13 and products containing nicotine 1 UNLESS SUCH PERSON UNDER 19 YEARS OF AGE 2 IS ACCOMPANIED BY A PARENT OR LEGAL 3 GUARDIAN; 4 c. HAS NOT BEEN THE SITE OF TWO OR MORE 5 CITATIONS FOR A VIOLATION OF THIS SECTION IN 6 THE PREVIOUS 180 DAYS UNLESS ALL OR ALL 7 BUT ONE OF SUCH CITATIONS ARE OVERTURNED 8 ON APPEAL; AND 9 d. POSTS ONE OR MORE SIGNS DESCRIBED IN THE 10 NEXT SENTENCE VISIBLE FROM ANY ENTRANCE 11 TO SUCH RETAIL ESTABLISHMENT. 12 i. EACH OF THE SIGN(S) REFERENCED IN 13 THIS SUBSECTION SHALL BE AT LEAST SIX 14 INCHES BY 18 INCHES; MUST STATE THAT 15 IT IS A RETAIL ADULTS-ONLY TOBACCO 16 STORE; MUST READ, IN LETTERING AT 17 LEAST 1.25 INCHES HIGH, "THE SALE OF 18 TOBACCO PRODUCTS TO PERSONS UNDER 19 AGE 19 IS ILLEGAL"; AND MUST STATE THAT 20 NO PERSON UNDER 19 YEARS OF AGE 21 MAY ENTER THE RETAIL ESTABLISHMENT 22 UNLESS SUCH PERSON UNDER 19 YEARS 23 OF AGE IS ACCOMPANIED BY SUCH 24 PERSON'S PARENT OR LEGAL GUARDIAN.] 25 26 [B.] Retail sales generally; restricted access. Except in [FOR] a retail 27 adults-only tobacco store, it is unlawful to [FOR A PERSON 28 NEGLIGENTLY TO] sell or offer to sell tobacco products 29 [CIGARETTES, CIGARS, TOBACCO, OR A PRODUCT 30 CONTAINING TOBACCO] in any manner that allows any person but 31 the sales clerk to control access to the tobacco products 32 [CIGARETTES, CIGARS, TOBACCO, OR PRODUCT CONTAINING 33 TOBACCO] prior to sale. This subsection does not apply to: 34 1. [SUBSECTION B. OF THIS SECTION DOES NOT APPLY 35 TO] wholesale transactions in which the person selling the 36 tobacco products at wholesale pricing [CIGARETTES, 37 CIGARS, TOBACCO, OR PRODUCTS CONTAINING 38 TOBACCO] is licensed as a manufacturer or distributor under 39 AS 43.50.010. 40 2. [SUBSECTION B. OF THIS SECTION DOES NOT APPLY 41 TO] sales by vending machines which are located in 42 compliance with section 14.70.030C.
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