CITY COMMISSION AGENDA ITEM

Department:	City Attorney’s Office		Commission Meeting Date:  October 9, 2018
Staff Contact:	Toni R. Wheeler, City Attorney
Recommendations/Options/Action Requested:
Discussion on the sale of tobacco to individuals under the age of 21.
Executive Summary:		On December 15, 2017, the City of Topeka passed an ordinance prohibiting the sale of cigarettes, electronic cigarettes, tobacco products, and liquid nicotine to persons under the age of 21.  The ordinance also prohibited the purchase of any of the aforementioned products for a person under the age of 21.  The ordinance was challenged by Topeka business owners.  The district court ruled in March of 2018 that Topeka’s ordinance was preempted by state law.  The City of Topeka has appealed the district court’s decision to the Kansas Supreme Court.  The appeal is still pending.  Our office is monitoring this litigation as it could impact our ability to adopt a similar law.
Strategic Plan Critical Success Factor		Other
Fiscal Impact (Amount/Source):		Unknown at this time.
Attachments:		None.

Reviewed By: (for CMO use only)

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