SUBJECT: GENERAL BUSINESS
Title
An Ordinance of the Board of Trustees of the Town of Erie Amending the Erie Municipal Code Regarding Possession and Consumption of Tobacco Products and Nicotine Products by Persons Under the Age of 21 Years
Body
DEPARTMENT: Police Department
PRESENTER: Kim Stewart, Chief of Police
TIME ESTIMATE: 15 minutes
only required for non-consent items
FISCAL SUMMARY: N/A
Cost as Recommended:
Balance Available:
Budget Line Item Number:
New Appropriation Required:
STAFF RECOMMENDATION:
Recommendation
Staff recommends approving the proposed ordinance.
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
In September 2019, Mayor Carroll and the Board of Trustees, raised questions regarding HB 19-1033 (reference Agenda Item 19-443 <https://erie.legistar.com/LegislationDetail.aspx?ID=4130185&GUID=B035275E-A54A-47D3-8531-678961C16BBA>), which allows municipalities to enact ordinances regarding the sale of tobacco and nicotine products to persons under the age of 21. The Board asked the Town Attorney to prepare an amendment to the Erie Municipal Code consistent with this new law.
Adopting the proposed ordinance would amend section 6-10-8 and make it unlawful for any person under the age of 21 to purchase or possess any cigarettes or tobacco products in the Town. Adopting the proposed ordinance would also make it illegal for any person to knowingly furnish any person under the age of 21 with any nicotine or tobacco products.
This change will apply to all establishments in Erie that sell nicotine and/or tobacco products. Staff believes this is currently 9 to12 businesses, including Walgreens, 2 grocery stores, 3 convenient stores, and 3 liquor stores. The Colorado Department of Revenue Enforcement Division conducts compliance checks on such sales and the Erie Police Department assists upon request. Staff does not anticipate this will create additional workload.
Board Priority Addressed:
☒ Safe and Healthy Community
ATTACHMENTS:
1. Ordinance