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ROMULUS
ROMULUS
No tricks,
only treats
Members of the Romulus
Police Department were
on hand last week as the
Romulus Athletic Center
hosted the annual
Halloween event for
youngsters. Officers
agreed the event was a
great time and enjoyed
seeing the creative cos-
tumes. They did admit,
however, that they were
"particularly partial to the
Marios and police offi-
cers."
Person of the Year
candidates sought
The 36th Person of the Year will be spring, 2023, chamber officials said. probationer who is ordered to participate in a health promotion and risk reduction assessment program under this section is
named in Romulus next spring.
Nominations for the honor will be
accepted by the Greater Romulus
Chamber of Commerce until Dec. 8 by
mail, email, in person or online. No
nominations postmarked or received
after Dec. 8 will be considered for the available at the chamber office.
honor.
The criteria for the nominees are
individuals that have made significant contact telephone number or email
contributions to
Romulus and residents of the com-
munity. Nominations should include a
biographical synopsis should stating rea- tribution to the city.
sons the nominee should be honored as
the Person of the Year. The award pres- committee chosen by the members of
entation ceremony will take place in
ASSOCIATED NEWSPAPERS OF MICHIGAN
An online nomination form is avail-
able at admin@romuluschamber.org.
Completed forms can be mailed to the
chamber office at 11189 Shook road,
Suite 200, Romulus, MI 48174.
Additional nomination forms are also
Nomination are open to the public
although the nominator must submit a
address. Nominees do not have to be a
resident of Romulus but must meet the (e) Subsections (b) and (c) do not apply to a minor participating in any of the following:
criteria of having made a significant con- (i) An undercover operation in which the minor purchases or receives a tobacco product, vapor product, or alternative nicotine
Nominations will be reviewed by a
the Romulus Chamber of Commerce.
November 3, 2022
www.associatednewspapers.net.
To subscribe to The Eagle visit
STATE OF MICHIGAN
COUNTY OF WAYNE
CHARTER TOWNSHIP OF CANTON
CHAPTER 46 OFFENSES AND MISCELLANEOUS PROVISIONS
AN ORDINANCE TO AMEND CHAPTER 46 OF THE CANTON TOWNSHIP
CODE OF ORDINANCES, ENTITLED OFFENSES AND MISCELLANEOUS
PROVISIONS, SEC. 46-505 AND 46-507, TO BRING IT INTO COMPLIANCE
WITH STATE LAW REGARDING YOUTH TOBACCO ACT, ACT 167 OF
2022
THE CHARTER TOWNSHIP OF CANTON ORDAINS:
SEC. 1. AMENDMENT TO CODE:
Sec. 46-505. - Sale of tobacco products, vapor product or alternative nicotine products to persons under 21 years of age.
(a) A person shall not sell, give or furnish any cigarette, cigar, chewing tobacco, tobacco snuff or tobacco in any form or vapor
products or alternative nicotine products to a person under 21 years of age including but not limited to, through a vending
machine. A person who violates this subsection or subsection (h) of this Ordinance is guilty of a misdemeanor punishable by a
fine as follows:
(i) For a first offense, not more than $100.00.
(ii) For a second offense, not more than $500.00.
(iii) For a third or subsequent offense, not more than $2,500.00.
(b) A person who sells tobacco products, vapor products, or alternative nicotine products at retail shall post a sign as required by
section 1 of Public Act No. 31 of 1915 (MCL 722.641), furnished by the state department of public health, that includes the fol-
lowing statement:
The purchase of tobacco products or vapor products or alternative nicotine products by a minor under 21 years of age and the
provision of tobacco products or vapor products or alternative nicotine products to a minor are prohibited by law. A minor who
unlawfully purchases or uses a tobacco products, vapor product or alternative nicotine product is subject to criminal penalties.
(c) It is an affirmative defense to a charge pursuant to subsection (a) of this section that the defendant had in force at the time of
arrest and continues to have in force a written policy to prevent the sale of cigarettes, cigars, chewing tobacco, tobacco snuff, and
other tobacco products, vapor products or alternative nicotine products, as applicable, to persons under 21 years of age, and that
the defendant enforced and continues to enforce the policy. A defendant which proposes to offer evidence of the affirmative
defense described in this subsection shall file and serve notice of the defense, in writing, upon the court and the township attor-
ney. The notice shall be served not less than 14 days before the date set for trial.
(d) A township attorney who proposes to offer testimony to rebut the affirmative defense described in subsection (c) of this sec-
tion shall file and serve a notice of rebuttal, in writing, upon the court and the defendant. The notice shall be served not less than
7 days before the date set for trial, and shall contain the name and address of each rebuttal witness.
(e) Subsection (a) does not apply to the handling or transportation of a tobacco product, vapor product, or alternative nicotine
product by a minor under the terms of the minor's employment.
(f) Before selling, offering for sale, giving, or furnishing a tobacco product, vapor product, or alternative nicotine product to an
individual, a person shall verify that the individual is at least 21 years of age by doing one of the following:
(i) If the person appears to be under 27 years of age, examining a government-issued photographic identification that estab-
lishes that the individual is at least 21 years of age.
(ii) For sales made by the internet or other remote sales method, performing an age verification through an independent,
third-party age verification service that compares information available from a commercially available database, or aggre-
gate of databases, that are regularly used by government agencies and businesses for the purpose of age and identity verifi-
cation to the personal information entered by the individual during the ordering process that establishes that the individual
is 21 years of age or older.
SECTION 2. AMENDMENT TO CODE:
Chapter 46, Article VIII, Division 1 of the Charter Township of Canton Code of Ordinances, Sec- 46-506, is hereby amended to
read as follows:
Sec. 46-506. - Possession or use of tobacco, vapor products or alternative nicotine products.
(a) Definitions. As used in this section, the following definitions shall apply:
Chewing tobacco means loose tobacco or a flat, compressed cake of tobacco which is inserted into the mouth to be chewed or
sucked.
Minor means an individual who is less than 21 years of age.
Person who sells vapor products or alternative nicotine products at retail means a person whose ordinary course of business con-
sists, in whole or in part, of the retail sale of vapor products or alternative nicotine products.
Person who sells tobacco products at retail means a person whose ordinary course of business consists, in whole or in part, of
the retail sale of tobacco products subject to state sales tax.
Public place means a public street, sidewalk, or park or any area open to the general public in a publicly owned or operated build-
ing or public place of business.
Tobacco product means a product that contains tobacco and is intended for human consumption, including, but not limited to, a
cigarette, non-cigarette smoking tobacco, or smokeless tobacco, as those terms are defined in section 2 of the Tobacco Products
Tax Act, 1993 PA 327, MCL 205.422, and a cigar.
Tobacco snuff means shredded, powdered or pulverized tobacco which may be inhaled through the nostrils, chewed or placed
against the gums.
Vapor Product or Alternative Nicotine Products means a noncombustible product containing nicotine or not that employs a heat-
ing element, power source, electronic circuit, or other electronic, chemical, or mechanical means regardless of shape or size, that
can be used to produce vapor from nicotine or not in a solution or other form. Vapor Product includes an electronic cigarette,
electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and a vapor cartridge or other container of nico-
tine in a solution or other form than is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigaril-
lo, electronic pipe, or similar product or device. Vapor Product does not include a product regulated as a drug or device by the
United States Food and Drug Administration ("FDA") under subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 USC
351 to 360FFF-7.
(b) Possession or use in public place prohibited. A person under 21 years of age shall not possess or smoke cigarettes or cigars,
or possess or chew, suck, or inhale chewing tobacco or tobacco snuff, or possess or use tobacco in any other form, or possess or
smoke vapor product or alternative nicotine products on a public highway, street, alley, park, or other lands used for public pur-
poses, or in a public place of business or amusement, or present or offer to an individual a purported proof of age that is false,
fraudulent, or not actually his or her own proof of age for the purpose of purchasing, attempting to purchase, possessing, or
attempting to possess a tobacco product.
(c) Penalty. A person who violates subsection (b) of this section shall be responsible for a state civil infraction or misdemeanor,
punishable by a fine of not more than $50.00 for each offense. Pursuant to a probation order, the court may require a person who
violates subsection (b) of this section to participate in a health promotion and risk reduction assessment program, if available. A
responsible for the cost of participating in the program. In addition, a person who violates this section is subject to the follow-
ing:
(1) For the first violation the court may order the person to do one of the following:
a. Perform not more than 16 hours of community service in a hospice, nursing home or long-term care facility.
b. Participate in a health promotion and risk reduction program, as described in this subsection.
(2) For a second violation, in addition to participation in a health promotion and risk reduction program, the court may order the
person to perform not more than 32 hours of community service in a hospice, nursing home, or long-term care facility.
(3) For a third or subsequent violation, in addition to participation in a health promotion and risk reduction program, the court
may order the person to perform not more than 48 hours of community service in a hospice, nursing home or long-term care facil-
ity.
(d) A person who is ordered to participate in a health promotion and risk reduction assessment program under subsection (c) is
responsible for the costs of participating in the program.
product under the direction of the minor's employer and with the prior approval of the local prosecutor's office as part of an
employer-sponsored internal enforcement action.
(ii) An undercover operation in which the minor purchases or receives a tobacco product, vapor product, or alternative nicotine
product under the direction of the state police or a local police agency as part of an enforcement action, unless the initial or con-
temporaneous purchase or receipt of the tobacco product, vapor product, or alternative nicotine product by the minor was not
under the direction of the state police or the local police agency and was not part of the undercover operation.
(e) Compliance checks in which the minor attempts to purchase tobacco products for the purpose of satisfying federal substance
abuse block grant youth tobacco access requirements, if the compliance checks are conducted under the direction of a substance
use disorder coordinating agency and with the prior approval of the state police or a local police agency.
(f) This section does not prohibit an individual from being charged with, convicted of, or sentenced for any other violation of law
that arises out of the violation of subsection (b) or (c).
SECTION 3. SEVERABILITY
If any clause, sentence, section, paragraph or part of this Ordinance, or the application of thereof to any person, firm, corpora-
tion, legal entity or circumstances, shall be for any reason adjudged by a court of competent jurisdiction to be unconstitutional
or invalid, said judgment shall not affect, impair or invalid the remainder of this Ordinance. It is hereby declared to the legisla-
tive intent of this body that the Ordinance is severable, and that the Ordinance would have been adopted had such invalid or
unconstitutional provisions not have been included in this ordinance.
SECTION 4. REPEAL OF CONFLICTING ORDINANCES
All Ordinance or parts of Ordinance is conflict herewith is hereby repealed only to the extent necessary to give this Ordinance
full force and effect.
SECTION 5. SAVINGS CLAUSE
All rights and duties which have matured penalties which have been incurred, proceedings which have begun and prosecution
for violations of law occurring before the effective date of this Ordinance are not affected or abated by this Ordinance.
SECTION 6. PUBLICATION
The Clerk for the Charter Township of Canton shall cause this Ordinance to be published in the manner required by law.
SECTION 7. EFFECTIVE DATE
This Ordinance, as amended, shall take full force and effect upon publication as required by law.
CERTIFICATION
The foregoing Ordinance was duly adopted by the Township Board of Trustees of the Charter Township of Canton at its regular
meeting called and held on the 25th day of October, 2022, and was ordered to be given publication in the manner required by
law.
Michael Siegrist, Clerk
Introduced: September 27, 2022
Adopted: October 25, 2022
Published: November 3, 2022
Effective: November 3, 2022
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