ADOPTED - SEPTEMBER 23, 2008

Agenda Item No. 21

Introduced by the Human Services and Finance Committees of the:

INGHAM COUNTY BOARD OF COMMISSIONERS

RESOLUTION TO AMEND THE REGULATION

REQUIRING A LICENSE FOR THE RETAIL SALE OF TOBACCO

BY INCREASING MONETARY CIVIL PENALTIES

FOR VIOLATING THE REGULATION

RESOLUTION #08-262

WHEREAS, the Ingham County Board of Commissioners has established a Regulation  Requiring a License for the Retail Sale of Tobacco, to Prohibit the Sale of Tobacco to Minors, and Restricting the Location of Tobacco Vending Machines (Resolution #92-95) in order to protect the health and safety of the residents of Ingham County; and

WHEREAS, the Tobacco Regulation was amended in 2007 to raise penalties and fees, strengthen compliance checks in hookah lounges, equalize penalties for violations of the regulation between different jurisdictions and permit revenue generated through license fees and penalties to be used for tobacco control programs (Resolution #07-298); and 

WHEREAS, it is desirable for certain Ingham County programs to cover much of the cost of their operation through fees and other revenues; and

WHEREAS, the Health Officer has recommended that that penalties for violations of the Tobacco Regulation be increased; and 

WHEREAS, a public hearing was held before the Human Services Committee on September 15, 2008; and the changes were approved by the committee at that time.

THEREFORE BE IT RESOLVED, that the Regulation Requiring a License for the Retail Sale of Tobacco, to Prohibit the Sale of Tobacco to Minors, and Restricting the Location of Tobacco Vending Machines, as amended (Resolution  #07-298) be amended as recommended, establishing a monetary civil penalty of One Hundred Dollars ($100.00) for the first violation; Two Hundred Seventy Dollars ($270.00) for a second violation; and Five Hundred Forty Dollars ($540.00) for a third violation; and One Thousand Eighty Dollars ($1,080.00) for fourth and subsequent violations.

BE IT FURTHER RESOLVED, that these changes are effective October 1, 2008.

HUMAN SERVICES:  Yeas:  Schor, Bahar-Cook, Hertel, Soule, Severino, Dougan

    Nays:  None            Absent:  None      Approved 9/15/08

FINANCE:  Yeas:  Grebner, Weatherwax-Grant, Celentino, Schor, Dougan

     Nays:  None            Absent:  Hertel       Approved 9/17/08