HomeMy WebLinkAbout1138 05-24-1994ORDINANCE NO. 1138
AN ORDINANCE AMENDING ARTICLE IV "REGULATION OF
SMOKING" OF THE CODE OF ORDINANCES OF THE CITY
OF EULESS, TEXAS; PROHIBITING THE SALE OF TOBACCO
PRODUCTS BY USE OF A VENDING MACHINE, EXCEPT IN
CERTAIN PERMITTED EXCEPTIONS: PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Texas law prohibits the sale or delivery of cigarettes or other
tobacco products for persons younger than eighteen (18) years of age; and
WHEREAS, there exists within the City of Euless, Texas, vending machines
which display for sale and dispense cigarettes and /or other tobacco products which
are readily accessible to minors; and
WHEREAS, in most instances the sale and dispensement of cigarettes and other
tobacco products from such vending machines occurrs unattended and unsupervised
so as to allow the sale of such products to minors; and
WHEREAS, it is the desire and intent of the Euless City Council to protect the
health, safety and welfare of persons under the age of eighteen (18) years from the
health risks caused by the use of tobacco products.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
I.
Section 42 -81 entitled "Definitions ", of Article IV, "REGULATION OF
SMOKING" of the Code of Ordinances of the City of Euless, Texas, as amended, is
amended by the addition of the following new definition:
"Tobacco Product" shall mean a cigarette, cheroot, stooge, cigar,
snuff, smoking tobacco, chewing tobacco, and any article or product
made of tobacco or a tobacco substitute.
Article IV, "REGULATION OF SMOKING" of the Code of Ordinances of the City
of Euless, Texas, as amended, is further amended by the addition of the following
new Section 42 -85:
Sec. 42 -85. Vending Machines.
ORDINANCE NO. 1138 Page 1
A person commits an offense if he or she sells, offers for sale, allows the sale
of, allows the offer for sale of or allows the display for sale of tobacco products by
use of a vending machine.
It is an exception to the offense created by this Section:
1) That a cigarette vending machine is located within an enclosed facility
which does not admit any persons under the age of eighteen (18) years.
The establishment shall post a sign at each entrance of the enclosed
facility that persons under the age of eighteen (18) years are prohibited
from the enclosed facility. Enclosed facility means an area surrounded by
a wall and which area may not be accessed except by doorway.
2) That a cigarette vending machine is located in a portion of a facility to
which the general public or members of a private club do not have access.
The establishment shall post a sign at the entrances to this area to which
the general public or members of a private club are prohibited.
II.
Severability Clause. That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
III.
Savings Clause. That Chapter 42 of the Code of Ordinances shall remain in full
force and effect, save and except as amended by this ordinance.
IV.
Penalty for Violation. Any person, firm or corporation violating any of the
terms and provisions of this ordinance shall be deemed guilty of a misdemeanor and,
upon conviction thereof, shall be fined in an amount not to exceed $2,000.00. Each
such violation shall be deemed a separate offense and shall be punishable as such
hereunder.
V.
Effective Date. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Euless City Charter and the laws of
the State of Texas.
ORDINANCE NO. 1138 Page 2
PRESENTED AND GIVEN
of the Euless City Council on
of 6 ayes, 1 nays and
FIRST READING and approved at a regular meeting
the 24th day of May 1994; by a vote
0 abstentions.
APPROVED:
V )> ", #a
Mary Lib aleh, Mayor
ATTEST:
Susan Crim, CMC, City Secretary
APfROV AS TO FORM:
L
ob McFa rty Attorney
0259a
ORDINANCE NO. 1138 Page 3