Bill Text: AZ HB2137 | 2014 | Fifty-first Legislature 2nd Regular | Introduced


Bill Title: Tobacco retailer; location restriction

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-23 - Referred to House ED Committee [HB2137 Detail]

Download: Arizona-2014-HB2137-Introduced.html

 

 

 

REFERENCE TITLE: tobacco retailer; location restriction

 

 

 

State of Arizona

House of Representatives

Fifty-first Legislature

Second Regular Session

2014

 

 

HB 2137

 

Introduced by

Representatives Otondo, Cardenas, Carter, Contreras, Escamilla, Sherwood, Senators Bradley, Pancrazi: Representatives Coleman, Fann, Forese, Gallego, Mendez, Mitchell, Pierce J, Pratt, Wheeler, Senator Shooter

 

 

AN ACT

 

Amending Title 9, chapter 4, article 6.1, Arizona Revised Statutes, by adding section 9-462.09; relating to municipal zoning.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 9, chapter 4, article 6.1, Arizona Revised Statutes, is amended by adding section 9-462.09, to read:

START_STATUTE9-462.09.  Tobacco retailer; location; restriction; definition

A.  Beginning on the effective date of this section, a municipality may not adopt a zoning ordinance that allows a tobacco retailer to be located within three hundred feet of a child care facility or a public or private school or the accompanying grounds, a public playground or a public recreational facility.  For the purposes of this section, measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel that contains a tobacco retailer to the nearest point on the property line of a parcel that contains a licensed child care facility, a public or private school or the accompanying grounds, a public playground or a public recreational facility.

B.  For the purposes of this section "tobacco retailer" means an establishment that is engaged in the sale or display of tobacco‑related products, including cigarettes, chewing and dipping tobacco, cigarette papers or any other instrument or paraphernalia for the smoking or ingestion of tobacco and products that are prepared from tobacco.  A tobacco retailer includes a cigar store, head shop or hookah lounge, but does not include any establishment over ten thousand square feet in gross floor area or any establishment that devotes less than fifteen per cent of its floor space to the sale or display of tobacco‑related products. END_STATUTE

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