To: Honorable Mayor and Members of Town Council
From: Michael J. Hyman, Town Attorney
Jack Cauley, Police Chief
Lisa Anderson, Town Clerk
Title
Ordinance Amending Chapter 9.22 of the Castle Rock Municipal Code Raising the Minimum Age for the Sale and Possession of Tobacco Products (Second Reading - Approved on First Reading on January 4, 2022, by a vote 7-0)
Body
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Executive Summary
Staff proposes to amend the Code to reflect the change to the minimum age for the sale or possession of tobacco products to age 21 so that it is consistent with federal and state law.
On December 20, 2019, President Trump signed legislation to amend the Federal Food, Drug, and Cosmetic Act, Chapter IX: Tobacco Products, 21 U.S. Code § 387f(d)(5) - General provisions respecting control of tobacco product, to raise the federal minimum age of sale of tobacco products from 18 to 21 years effective December 30, 2019. The Colorado legislature adopted House Bill 20-1001 effective July 14, 2020; it is now illegal for a retailer to sell any tobacco product, including cigarettes, cigars and e-cigarettes, to anyone under 21 according to federal and state law.
Between 2017 and 2021, the Castle Rock Police department (CRPD) issued 35 citations for the consummation or possession of nicotine products. During that same time frame, 9 citations were issued by CRPD for furnishing tobacco products to persons under 18.
Staff proposes to amend our Code so that it will allow local enforcement of this law.
Proposed Motion
“I move to approve the Ordinance as proposed.”
“I move to amend the Ordinance as follows.”
“I move to approve the Ordinance as amended.”
Attachment
Ordinance