Chapter 6.06


6.06.010    Purpose.

6.06.020    Definitions

6.06.030    Restrictions on tobacco merchandising.

6.06.040    Enforcement – Penalties – Civil actions.

6.06.010 PURPOSE.

The purpose of this chapter is to promote the welfare of minors by discouraging the commercial exploitation of potential underage tobacco users and by discouraging actions that promote the unlawful sale of tobacco products to minors as well as the unlawful purchase or possession of tobacco products by minors, the sale and/or distribution of e-cigarettes to minors and the possession of e-cigarettes by minors.

(Ord. 2014-04 § 3, 2014: Ord. 2003-28 § 2 (part), 2003).


A.    “Person” means any individual, firm, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or other legal entity.

B.    “Retail tobacco store” means a retail store where at least fifty percent of the annual gross receipts are from the sale of tobacco products and smoking accessories and in which the sale of other products is merely incidental.

C.    “Self-service display” means an open display of tobacco products which is accessible without the intervention of a vendor, including, but not limited to, a rack, shelf, or counter-top display.

D.    “Tobacco product” means any substance containing any tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and smokeless tobacco.

E.    “Vendor-assisted sale” means a purchase requiring a direct, face-to-face exchange between the vendor and the customer, in which the vendor does not transfer possession of the product to the customer until the purchase is completed.

F.    “E-cigarette” means any electronically or battery-operated device, often shaped like a cigarette, containing a nicotine-based liquid, sometimes flavored, that is vaporized and inhaled, and which is used to simulate the experience of smoking tobacco or other combustible substances.

(Ord. 2014-04 § 4, 2014: Ord. 2003-28 § 2 (part), 2003).


A.    It shall be unlawful to sell, permit to be sold, or offer for sale any tobacco or e-cigarette product by means of self-service merchandising or by any means other than a vendor-assisted sale. This prohibition shall not apply to a retail tobacco store, or a vending machine authorized by Chapter 6.05 of this code.

B.    It shall be unlawful to sell or otherwise distribute e-cigarettes to minors.

C.    It shall be unlawful for minors to possess or smoke/inhale e-cigarettes.

(Ord. 2014-04 § 5, 2014: Ord. 2003-28 § 2 (part), 2003).


A.    Causing, permitting, aiding, abetting, or concealing a violation of any provision of the ordinance codified in this chapter shall constitute a violation. After notification, it shall be a separate offense for each day such violation shall continue.

B.    Violations of this chapter shall be prosecuted as infractions and shall not be punishable by imprisonment. Every violation determined to be an infraction is punishable by:

1.    A fine not exceeding one hundred dollars for a first violation;

2.    A fine not exceeding two hundred dollars for a second violation of the same provision within one year;

3.    A fine not exceeding five hundred dollars for a third and each additional violation of the same provision within one year.

C.    The ordinance codified in this chapter may be administered and enforced by city staff in accordance with Title 4 of this code.

D.    Violations of this chapter are hereby declared to be public nuisances.

E.    In addition to other remedies provided by this chapter, any violation of this chapter may be enforced by a civil action brought by the city attorney, including but not limited to administrative or judicial nuisance abatement proceedings, civil enforcement proceedings, and suits for injunctive relief. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

(Ord. 2003-28 § 2 (part), 2003).