12-1509 City Code Smoking Product Sales and Consumption~ ~~
CITY OF MERIDIAN ORDINANCE N0.
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE OF THE CITY OF MERIDIAN ADDING A NEW SECTION TO
TITLE 6, CHAPTER 4, MERIDIAN CITY CODE, SECTION 6-4-7, REGARDING
SMOKING PRODUCT SALE AND CONSUMPTION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, scientific studies have concluded that smoking, regardless of the method of
ingestion, exposes the smoker and those nearby to dangerous chemicals and causes and
contributes to chronic lung disease, coronary heart disease, stroke, cancer of the lungs, and other
cancers;
WHEREAS, every day nationwide, four thousand children try smoking for the first time,
and one thousand become new, regular smokers, and prohibiting access of minors to social
gathering places where tobacco is sold and consumed will work to discourage this trend in our
community;
WHEREAS, quiet hours in the City of Meridian are between 11:00 p.m. and 6:00 a.m.,
and retail stores with tobacco consumption areas are known to be the source of noise during
these times due to amplified music and increased pedestrian and vehicular traffic; and
WHEREAS, the City Council of the City of Meridian finds that it is in the best interest
of the health, safety, and welfare of the people of Meridian to regulate the time, place, and
manner of operation of businesses that contain tobacco consumption areas in order to minimize
the harmful effects on our community related thereto;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
Section 1. That a new section is hereby added to Title 6, Chapter 4, Meridian City Code,
section 6-4-7, to read as follows:
6-4-7: SMOKING PRODUCT SALE AND CONSUMPTION:
A. Definitions. For purposes of this section, the following terms shall be defined as follows:
1. OPERATOR: Any person, sole proprietor, partnership, or corporation owning or
operating a tobacco consumption establishment or tobacco retail store. This definition
shall include such operator's agents, employees, volunteers, partners, and officers.
2. SMOKING PRODUCT CONSUMPTION AREA: An enclosed or designated area where
smoking is allowed and to which the public is invited or permitted, including such area
accessible only by invitation or membership or upon payment of admission.
ORDINANCE REGULATING SMOKING PRODUCT SALES AND CONSUMPTION PAGE l OF 3
3. SMOKING PRODUCT RETAIL STORE: An establishment that sells, offers for sale,
offers for trade, or offers free of charge tobacco, smoking products, or products
containing or related to tobacco or smoking products.
4. SMOKING PRODUCT: Any substance, including tobacco, herbs, incense, or any blend
thereof, or any other product used or intended for inhalation which is, or which mimics,
the effects of a controlled substance or tobacco product.
5. SMOKING: Inhaling, exhaling, burning, or carrying any lighted or heated cigar,
ci arette, i e, Ovate i e, hookah, or any other lighted or heated smoking product, in any
g pp ~p
manner or in any form. This term shall include the use of an e-cigarette or other like
product which creates a vapor, in any manner or in any form, or the use of any oral
smoking device.
B. It shall be unlawful for the operator of any property or establishment containing a smoking
product consumption area to:
1. Allow any person under the age of eighteen (18) years in a smoking product consumption
area.
2. Operate, or allow the operation of, or allow persons to occupy, such establishment
between the hours of 11:00 p.m. and 6:00 a.m.
3. Sell, or offer for sale, any food or beverage for on-premise consumption.
C. The prohibitions of section 6-4-7(B) shall not apply to:
1. A smoking product retail store which does not contain a smoking product consumption
area.
2. Premises licensed to sell alcohol for on-premises consumption.
Section 2. That this ordinance shall be effective immediately upon its passage and
publication.
PASSED by the City Council of the City of Meridian, Idaho, this day of ,
2012.
APPROVED by the Mayor of the City of Meridian, Idaho, this day of ,
2012.
APPROVED:
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Tammy ~~ JdVeerd
Mayor ~
Qo~,T~~Av~Ls~ TTEST:
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City of
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~~ SEAL w ee lman
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be TxEA
ORDINANCE REGULATING SMOKING PRODUCT SALES AND CONSUMPTION PAGE 2 OF 3
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE N0.12-
AN ORDINANCE OF THE CITY OF MERIDIAN ADDING A NEW SECTION TO
TITLE 6, CHAPTER 4, MERIDIAN CITY CODE, SECTION 6-4-7, REGARDING
SMOKING PRODUCT SALE AND CONSUMPTION; AND PROVIDING AN
EFFECTIVE DATE.
The full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East
Broadway, Meridian, Idaho. This ordinance shall become effective upon its passage and
publication. , ~ ~~s , ~, ,,
Cit `fM ri ___._
May r an ~ ity Council
By: Jaycee Holman, City Clerk
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"~Sn~nd a,~y~a
First Reading: ~ ~
Adopted after first reading by suspension of the Rule as allowed pursuant to
Idaho Code § 50-902: YES NO
Second Reading: '-
Third Reading: -~
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO
ADEQUACY OF SUMMARY OF ORDINANCE N0. 12- ~~
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho,
hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached
Ordinance no.12- _ of the City of Meridian, Idaho, and has found the same to be true and
complete and provides ad quate notice to the public pursuant to Idaho Code § 50-901A(3).
i ~ ~ da of ~ ~ 2012.
DATED th s y ,
~-
William. L.M. Nary, City Attorne
ORDINANCE REGULATING SMOKING PRODUCT SALES AND CONSUMPTION PAGE 3 OF 3