Chapter 5.56
TOBACCO AND WEED SALES
AND SMOKING*

Sections:

5.56.010    Intent and purpose of provisions.

5.56.020    Definitions.

5.56.030    Signage required.

5.56.040    Examining identification.

5.56.050    Original packaging required.

5.56.060    No self-service sale.

5.56.070    Purchase, use or possession by minors prohibited.

5.56.075    No vending machine sale.

5.56.080    Vending machines – Supervision and control required.

5.56.090    Other applicable laws.

5.56.100    Violation, enforcement and penalties.

5.56.200    Severability.

5.56.300    Compliance period.

5.56.400    Exceptions.

*    For statutory prohibition of selling tobacco to persons 18 years of age or under, see Penal Code § 308; for authority for cities to license businesses for purposes of revenue and regulation, see Gov. Code § 37101; for statutory provisions authorizing cities to license businesses in the exercise of police power, see Bus. and Prof. Codes §§ 16000 – 16003.

    CROSS REFERENCE: Sales and Use Tax, see Ch. 3.36 CVMC. Smoking prohibited, see Ch. 8.22 CVMC.

5.56.010 Intent and purpose of provisions.

It is the intent of this chapter to provide regulatory measures for the use, sale or possession of tobacco and tobacco products, as well as other weed, plant, vegetable or other nontobacco products used for the purpose of smoking, to protect the health, safety and general welfare of all citizens from the problems and discomfort of air pollution by the smoking of pipes, cigars or cigarettes in certain places of public assemblage and to reinforce the prohibition on the use of tobacco, tobacco products and weed, plant, vegetable or other nontobacco products used for the purpose of smoking by youths under the age of 18, in the interest of reducing the demonstrated hazards to health resulting in the use of such products, especially cigarettes. It is the purpose of the city council to eliminate the easy availability of such products to minors, particularly by means of the unsupervised or poorly supervised vending machines, by imposing strict standards of responsibility upon the owners or lessees of the premises where said vending machines are located. (Ord. 2693 § 1, 1996; Ord. 1178 § 1, 1969; Ord. 1133 § 1, 1968; prior code § 20.2.1).

5.56.020 Definitions.

For the purposes of this chapter, the following words are defined as follows, unless otherwise set forth:

A. “Business” means any sole proprietorship, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.

B. “Effective date” means January 16, 1997, the date the ordinance codified in this chapter becomes effective.

C. “Employee” means any person who is employed by any employer in consideration for direct or indirect wages or profit, and any person who volunteers his or her services for a nonprofit entity.

D. “Minor” means any individual who is less than 18 years old.

E. “Nonprofit entity” means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character-building, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a “nonprofit entity” within the meaning of this section.

F. “Person” shall mean any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

G. “Self-service merchandising” means open display of tobacco products and point-of-sale tobacco-related promotional products that the public has access to without the intervention of an employee.

H. “Tobacco product” means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhaling or other manner of ingestion.

I. “Tobacco retailer” shall mean any person or governmental entity that operates a store, stand, booth, concession, or other place at which sales of tobacco products are made to purchasers for consumption or use.

J. “Tobacco vending machine” means any electronic or mechanical device or appliance, the operation of which depends upon the insertion of money, whether in coin or paper currency, or other things representative of value, which dispenses or releases a tobacco product.

K. “Vendor-assisted” means only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased. (Ord. 2693 § 1, 1996).

5.56.030 Signage required.

No person or business shall engage in the sale of a tobacco product without first posting a plainly visible sign at the point of purchase of tobacco products which states: “THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW. PHOTO ID IS REQUIRED TO PURCHASE TOBACCO.” The letters of the sign shall be at least one-quarter inch high. (Ord. 2693 § 1, 1996).

5.56.040 Examining identification.

No person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this chapter shall sell, offer to sell or permit to be sold any tobacco product to an individual without requesting and examining identification establishing the purchaser’s age as 18 years or greater, unless the seller has some reasonable basis for determining the buyer’s age. (Ord. 2693 § 1, 1996).

5.56.050 Original packaging required.

No person, business, tobacco retailer or other establishment shall sell or offer for sale cigarettes or other tobacco or smoking products not in the original packaging provided by the manufacturer and with all required health warnings. (Ord. 2693 § 1, 1996).

5.56.060 No self-service sale.

It shall be unlawful for any person, business, or tobacco retailer to sell, permit to be sold, offer for sale or display for sale any tobacco product by means of self-service merchandising or by means other than vendor-assisted sales. (Ord. 2693 § 1, 1996; Ord. 1178 § 1, 1969; Ord. 1133 § 1, 1968; prior code § 20.2.5).

5.56.070 Purchase, use or possession by minors prohibited.

It is unlawful for any person under the age of 18 years to buy, smoke or have in their possession with intent to use for smoking purposes upon any street or in any public place within the city any tobacco, tobacco products, cigarettes, cigarette papers, or any weed, plant, vegetable or other nontobacco substitute cigarettes. (Ord. 2693 § 1, 1996; Ord. 1178 § 1, 1969; Ord. 1133 § 1, 1968; prior code § 20.2.6).

5.56.075 No vending machine sale.

Except as provided in CVMC 5.56.400, no person, business, or tobacco retailer shall locate, install, keep maintain or use, or permit the location, installation, keeping, maintenance or use, on his, her or its premises any vending machine for the purposes of selling or distributing any tobacco product. (Ord. 2693 § 1, 1996).

5.56.080 Vending machines – Supervision and control required.

Every person, firm or corporation which owns or leases premises where a vending machine dispensing tobacco, tobacco products, particularly cigarettes, or tobacco substitutes is allowed to be maintained, pursuant to CVMC 5.56.400, shall locate said vending machine at least 15 feet away from the entrance of the premises and in a place or position within said premises clearly visible from the place or position where the owner or lessee, or the employee or agent of the owner or lessee, normally or customarily conducts the business being operated on said premises, so as to afford a clear and unobstructed view of said vending machine and the person or persons purchasing the products dispensed by said machine by said owner or lessee, or the employee or agent of the owner or lessee. Further, strict supervision and control of the use of said vending machine shall be maintained throughout the hours of the operation of the business, and the failure to do so, resulting in the purchase of tobacco, tobacco products, especially cigarettes, or tobacco substitutes by a minor from any such vending machine, shall be presumed to be a violation of this chapter and Section 308 of the Penal Code of the state of California by the owner or lessee, or the employee or agent of the owner or lessee, charged with the responsibility for such control and supervision. (Ord. 2693 § 1, 1996; Ord. 1133 § 1, 1968; prior code § 20.2.7).

5.56.090 Other applicable laws.

This chapter shall not be interpreted or construed to permit tobacco vending machines and distribution of tobacco product samples where they are otherwise restricted by other applicable laws. (Ord. 2693 § 1, 1996; Ord. 1133 § 1, 1968; prior code § 20.2.8).

5.56.100 Violation, enforcement and penalties.

A. Any person, business or tobacco retailer who violates any provision of this section shall upon conviction thereof be punished as specified in Chapter 1.20 CVMC.

B. The owner, operator or manager of any public place or place of employment within the purview of this chapter shall comply herewith. Such owner, operator or manager shall post or cause to be posted all signage required by this chapter.

C. It shall be the responsibility of employers to disseminate information concerning the provisions of this chapter to its employees. (Ord. 2693 § 1, 1996; Ord. 2506 § 1, 1992; Ord. 1133 § 1, 1968; prior code § 20.2.9).

5.56.200 Severability.

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Ord. 2693 § 1, 1996).

5.56.300 Compliance period.

A. Any business that only sells tobacco products and only by means of self-service merchandising, pursuant to a valid business license issued by the city prior to the effective date, shall be allowed to continue to sell its products by such means for a period of 90 days from the effective date and shall thereafter be subject forthwith to make the modifications necessary to comply with this chapter. Any business owner may apply to the city manager or designee for an extension of time in which to comply with this chapter. The extension may be granted for a reasonable period of time, in no event to exceed one year from the effective date, in order to prevent the business owner from suffering unreasonable financial hardship or disruption in business operations.

B. Businesses, other than those described by subsection (A) of this section, which need to make modifications to the business premises to comply with CVMC 5.56.060 must comply within 60 days after the effective date. Any business owner may apply to the city manager or designee for an extension in which to comply with this chapter. The extension may be granted for a reasonable period of time, in no event to exceed one year from the effective date, in order to prevent the business owner from suffering unreasonable financial hardship or disruption in business operations. (Ord. 2693 § 1, 1996).

5.56.400 Exceptions.

Any business which sells tobacco-related products is exempt from this chapter if persons under the age of 18 years are excluded from entering the business premises (as premises is defined by California Business and Professions Code Section 23039) in accordance with other applicable laws. In such instances, the business shall comply with the provisions of CVMC 5.56.080. (Ord. 2693 § 1, 1996).