01-10038 Offenses(Published in the Salina Journal on Junea9,-2001)
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ORDINANCE NUMBER O1-10038
AN ORDINANCE AMENDING CHAPTER 25 OF THE SALINA CODE BY ADDING
SECTION 25-85, PERTAINING TO FURNISHING CIGARETTES OR TOBACCO
PRODUCTS TO A MINOR.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Chapter 25 of the Salina Code is hereby amended by adding Section
25-85, which shall read as follows:
"Sec. 25-85. Furnishing cigarettes or tobacco products to a minor.
(a) It shall be unlawful for any person, directly or indirectly, to: (1) sell, give
or furnish any cigarettes or tobacco products to any person under 18 years
of age; or (2) buy any cigarettes or tobacco products for any person under 18
years of age. In determining the penalty to be imposed for a violation of this
section by a licensed retail dealer whose employee sold, furnished or
distributed the cigarettes or tobacco products, the court shall consider it to
be a mitigating circumstance if the employee had completed a training
program, approved by the secretary of revenue or the secretary's designee,
in avoiding sale, furnishing or distributing of cigarettes and tobacco products
to persons under 18 years of age.
(b) It shall be a defense to a prosecution under this section if. (1) the defendant
is a licensed retail dealer or a person authorized by law to distribute samples;
(2) the defendant sold, furnished or distributed the cigarettes or tobacco
products to the person under 18 years of age with reasonable cause to believe
the person was of legal age to purchase or receive cigarettes or tobacco
products; and (3) to purchase or receive the cigarettes or tobacco products,
the person under 18 years of age exhibited to the defendant a driver's license,
Kansas non -driver's identification card or other official or apparently official
document containing a photograph of the person and purporting to establish
that the person was of legal age to purchase or receive cigarettes or tobacco
products.
(c) It shall be a defense to a prosecution under this section if. (1) the defendant
engages in the lawful sale, furnishing or distribution of cigarettes or tobacco
products by mail; and (2) the defendant sold, furnished or distributed the
cigarettes or tobacco products to the person by mail only after the person had
provided to the defendant an unsworn declaration, conforming to K.S.A. 53-
601 and amendments thereto, that the person was 18 or more years of age.
(d) As used in this section, cigarettes and tobacco products are defined as set
forth in Sec. 25-84.
Furnishing cigarettes or tobacco products to a minor is a Class B violation."
Section 2. That Section 25-85 is hereby added.
Section 3. That this ordinance shall be in full force and effect from and after its adoption
and publication once in the official city newspaper.
{SEAL}
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Lieu Ann Nicola, City Clerk
Introduced: June 4, 2001
Passed: June 18, 2001
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Larry L. Mathews, Vice Mayor