Chapter 7.89
REGULATION OF SELF-SERVICE SALE OF TOBACCO PRODUCTS

Sections:

7.89.010    Purpose.

7.89.020    Definitions.

7.89.030    Restrictions on self-service sale of tobacco products.

7.89.040    Enforcement—Penalties—Civil actions.

7.89.050    Severability.

7.89.010 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. [Ord. 4637 § 1, 2001; Ord. 4537 § 2, 1999].

7.89.020 Definitions.

(A)    “Retail tobacco store” means a retail store where at least 50 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.

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

(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)    “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. [Ord. 4637 § 1, 2001; Ord. 4537 § 2, 1999].

7.89.030 Restrictions on self-service sale of tobacco products.

It is unlawful to sell, permit to be sold or offer for sale any tobacco 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 7.114 SCCC. [Ord. 4637 § 1, 2001; Ord. 4537 § 2, 1999].

7.89.040 Enforcement—Penalties—Civil actions.

(A)    Causing, permitting, aiding, abetting or concealing a violation of any provision of 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 be punishable as provided by Chapter 1.12 SCCC.

(C)    This chapter shall be administered and enforced by the Planning Department.

(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 County Counsel, 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. 4637 § 1, 2001; Ord. 4537 § 2, 1999].

7.89.050 Severability.

If any provision of this chapter or its application to any person or circumstance is declared invalid or unenforceable by a court of competent jurisdiction, this chapter, to the extent it can be given effect, or the application of this chapter to persons other than the person to whom it is held invalid, shall not be affected thereby, and to this end, the provisions of this chapter are severable. [Ord. 4637 § 1, 2001; Ord. 4537 § 2, 1999].