To: Honorable Mayor and Members of Town Council
From: Robert J. Slentz, Town Attorney
Elizabeth Allen, Assistant Town Attorney
Title
Ordinance Repealing and Reenacting Chapter 9.22 of the Castle Rock Municipal Code Concerning Cigarette, Tobacco and Nicotine Products (Second Reading - Approved on First Reading July 17, 2018 by a vote of 5-0)
Body
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Executive Summary
The Ordinance was approved on first reading July 17, 2018 by a vote of 5-0.
The proposed Ordinance makes revisions to the Town’s distribution of tobacco products to minors found in Chapter 9.22 of the Castle Rock Municipal Code. The Ordinance updates the definition of tobacco products to include emerging alternate means of ingesting nicotine, and extends the updated definitions to include new electronic methods of inhalation and ingestion of tobacco products.
Discussion
As outlined in the recitals to this Ordinance, the Town, as a home rule municipality has the authority under the Colorado Revised Statutes to adopt ordinances pertaining to the distribution of tobacco products to minors. Those provisions are currently found in Chapter 9.22 of the Castle Rock Municipal Code.
This Ordinance addresses an update of the definitions of what constitutes a tobacco product to include electronic, vapor based forms of inhalation and ingestion of vapor and aerosols by minors. This Ordinance adopts provisions to ensure the Castle Rock Police Department maintains enforceability over the distribution of tobacco products to minors. These provisions are based on equivalent provisions in the State and County statutes. They have been tailored to encompass existing and contemplated means of inhalation and ingestion of tobacco products by minors. Also, the Ordinance provides greater flexibility for the Castle Rock Police Department to ensure uniform enforcement with current County statutes on the subject.
Attached are both the proposed the Ordinance (Attachment A) and Chapter 9.22, as it currently reads in the Code (Attachment B). In addition, we are attaching letters of support for the proposed amendments (Attachment C).
Recommendation
Staff recommends approval of the Ordinance as presented.
Proposed Motion
I move to approve Ordinance No. 2018-025, as introduced by title on second and final reading.
Attachments
Attachment A: Ordinance No. 2018-025
Attachment B: Current Chapter 9.22
Attachment C: Letters of Support