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City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org |
| | | November 21, 2017 |
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| | | | | | | | | DATE: | November 21, 2017 | | | | CONTACT PERSON: | Councilmember Elaine Schwartz | DOCUMENT #: | | | SECOND PARTY/SUBJECT: | | PROJECT #: | | | CATEGORY/SUBCATEGORY | 013 Ordinances - Codified / 054 Criminal Code | | CIP PROJECT: | No | | | | ACTION OF COUNCIL: | | JOURNAL #: | | | | PAGE #: | |
| DOCUMENT DESCRIPTION: |
DISCUSSION concerning a local amendment to the Uniform Public Offense Code concerning the sale or furnishing of cigarettes, electronic cigarettes, tobacco products and liquid nicotine to any person under the age of 21.
(The amendment would prohibit the sale or furnishing of cigarettes and other tobacco-related products to adults between the ages of 18 and 20.) | | VOTING REQUIREMENTS: | | Discussion item only. | | POLICY ISSUE: | Whether to prohibit sales of cigarettes and other tobacco-related products to adults between the ages of 18 and 20. | | STAFF RECOMMENDATION: | Staff is making no recommendation as this is a policy decision to be made by the Governing Body. | | BACKGROUND: | The Shawnee County Health Department has asked the City to enact an ordinance similar to the recently passed Shawnee County resolution prohibiting the sale or furnishing of cigarettes, electronic cigarettes, tobacco products and liquid nicotine to adults between the ages of 18 and 20. Currently, the City prohibits the sale/furnishing of cigarettes, electronic cigarettes, and tobacco products to minors only (individuals under the age of 18). The County's resolution applies only to the unincorporated areas with Shawnee County.
Conviction would be a Class B Misdemeanor with a minimum fine of $200. Retailer detailers would have a defense to prosecution if they can prove that the purchaser exhibited identification showing that the purchaser was 21 or older.
| | BUDGETARY IMPACT: | | Unknown at this time in terms of the law enforcement resources necessary to enforce the ordinance. Currently, there are approximately 30 active Tobacco Novelty Licenses issued within city limits. | | SOURCE OF FUNDING: | | Police Department |
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