HomeMy WebLinkAboutA028 - Proposed language for ordinance from City Attorney - City Attorney's Office
515 Clark Avenue,P.O.Box 811
Caring People Ames,IA 50010
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Evepiortal Service
May 16, 2000
The Honorable Ted Tedesco, Mayor i
and Members of the City Council MAAYY 2000
of the City of Ames, Iowa CITY Ct$- rRK
CITY OF AMFS,IOWA
Re: Sale of Tobacco Products to Minors
Dear Mayor Tedesco and Council Members:
To make sure that I understand correctly what the City Council wants to consider, I have attached
the operative wording of a possible ordinance. The ordinance would impose a civil monetary penalty
against the permittee without regard to direct managerial fault. It puts a burden of strict liability for
the civil penalty on a party that stands in a responsible position relative to a public harm. A strict
liability law that carries only a civil monetary penalty is constitutional and valid under Iowa law.
Randalls' International Inc v Hearing Board of the Iowa Beer and Liquor Control Dent., 429
N.W.2d 163, 165 (1988). In contrast, if a permittee is charged with a criminal violation of selling
to a minor it must be proven,in addition to proving that the permittees' employee made the sale,that
the sale was made with the knowledge of the permittee or by the"direction, sanction or approval"
of the permittee; but, vicarious liability can be lawfully imposed on permittees for civil fines and
penalties. State v. Casey's General Stores. Inc., 587 N.W.2d 599, 602 (1998).
The requirement to take"reasonable measures to ascertain"age is not unconstitutionally vague. Jim
O. Inc. v. City of Cedar Rapids, 587 N.W.2d 476, 478 (1998).
Yours truly,
John R. Kl us
City Attorney
JRK:gmw
Attachment
If any holder of a state of Iowa cigarette permit or any employee of such
permittee knowingly sells or otherwise supplies any cigarette or other
tobacco product to any person under eighteen years of age, or fails to take
reasonable measures to ascertain whether that person is eighteen or more
years of age, the said permittee shall have committed a municipal infraction
punishable by a civil penalty of $300.00 for the first offense and a civil
penalty of$750.00 for each repeat offense.
law/smoke.515