5.15.010 Purpose and intent.
The city of Calimesa has a substantial interest in promoting compliance with federal, state and local laws intended to regulate tobacco sales and use in discouraging the legal purchase of tobacco products by minors; in promoting compliance with laws prohibiting sales of cigarettes and tobacco products to minors; and finally, and most importantly, in protecting children from being lured into illegal activity through the misconduct of adults. It is the intent of this chapter to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those that prohibit or discourage the sale or distribution of tobacco products to minors, but not to expand or reduce the degree to which the acts regulated by federal and state law are criminally proscribed or to alter the penalty provided therefor. [Ord. 266 § 2, 2007; Code 1990 § 5.10.010.]
5.15.020 Adoption of Riverside County Ord. 838.
A. The city council adopts by reference, and makes a part of this chapter by reference, Riverside County Ord. 838, entitled “An Ordinance of the County of Riverside, Regarding the Licensure of Tobacco Retailers.”
B. The aforementioned Riverside County Ord. 838 is maintained in the office of the city clerk and is adopted as the tobacco retailer licensure program of the city (the “program”). [Ord. 266 § 2, 2007; Code 1990 § 5.10.020.]
5.15.030 Enforcement agency designated.
The county of Riverside, the Riverside County department of health, and the Riverside County health officer or his or her designee are designated as the enforcement agency for the city and are authorized to provide the qualified personnel necessary to enforce the provisions of this chapter. [Ord. 266 § 2, 2007; Code 1990 § 5.10.030.]
5.15.040 Schedule and collection of fees.
The schedule of fees adopted by the Riverside County board of supervisors pursuant to Riverside County Ord. 838 by Riverside County Ord. 734.9 is hereby adopted as the fees in effect in the city, and shall be applicable within the city to provide for the county’s costs of administration and enforcement of this chapter. The city council finds and determines that the fees adopted herein are reasonably related to the actual cost of administration and enforcement of the program. The Riverside County department of health shall administer and collect these fees for deposit with the county treasurer to offset the costs assumed by the county in administering and enforcing this program for and within the city. [Ord. 266 § 2, 2007; Code 1990 § 5.10.040.]
5.15.050 Violations – Penalty.
A. In accordance with Riverside County Ord. 838, adopted by reference herein and applicable to this chapter, tobacco retailers shall obtain, display, and comply with the terms of the tobacco retailer’s license issued by Riverside County pursuant to the authority granted by this chapter, in accordance with the program set forth herein. Failure to comply with the licensing and regulatory requirements of this chapter and Riverside County Ord. 838 is a violation of this chapter and may result in the suspension or revocation of the tobacco retailer’s license, and shall be punishable as specified in Sections 9, 10 and 11 of Riverside County Ord. 838, which are adopted by reference herein and applicable to this chapter.
B. In addition, any violation of this section may be punishable in accordance with Chapter 1.20 CMC. [Ord. 266 § 2, 2007; Code 1990 § 5.10.050.]