CHAPTER 8.20
REGULATION OF SMOKING AND TOBACCO SALES

8.20.010 Title.

This chapter shall be entitled "Regulation of Smoking and Tobacco Sales." (Ord. 2449 NCS §1 (part), 2013.)

8.20.020 Findings and purpose.

The council of the city of Petaluma hereby finds that:

A.    Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution; and

B.    Reliable studies, including a June 27, 2007, report by the Surgeon General of the United States entitled "The Health Consequences of Involuntary Exposure to Tobacco Smoke," have shown that secondhand smoke is a significant health hazard, particularly to elderly people; individuals with cardiovascular disease; individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; and to children who suffer increased risk of sudden infant death syndrome, asthma attacks and respiratory and ear infections when exposed to secondhand smoke; and

C.    Since 1992, the United States Environmental Protection Agency ("EPA") has classified secondhand smoke as a Class A carcinogen; and

D.    Health hazards induced by breathing secondhand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction and bronchospasm; and

E.    The adverse effects of secondhand smoke on persons who suffer adverse health effects from breathing secondhand smoke may cause a loss of job productivity, increased absences and use of sick leave and increased costs of providing employee health services; and

F.    According to a 2011 University of California Los Angeles study, smoke-free regulations in multi-unit apartment buildings could save property owners substantial sums in the cost of cleaning apartments vacated by tenants who smoke; and

G.    According to the EPA and the Surgeon General, there is no safe level of exposure to secondhand smoke; and

H.    Most cigarette filters are made of cellulose acetate, do not biodegrade and form a portion of trash collected from city streets and other public places; and

I.    In order to reduce addiction to tobacco products by children and teens, and control sales of tobacco products to minors, it is in the public interest to prohibit self-service sales, prohibit tobacco vending machines in areas accessible to minors and require warning signs requiring proof of legal age to purchase tobacco at point of purchase.

The purpose of this chapter is to protect the public health, safety and welfare, regarding the public health hazards relating to secondhand smoke and access of minors to tobacco products and cigarettes. It is within the city’s authority under its police power to implement and enforce the provisions of this chapter.

(Ord. 2449 NCS §1 (part), 2013.)

8.20.030 Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section, unless it is apparent from the context that they have a different meaning:

A.    "Administrative authority" means the city manager or his/her designee authorized by Section 8.20.130 and/or other provision of this chapter to enforce the provisions of this chapter.

B.    "Bar" means a separate establishment, or a room in a restaurant physically separated by full walls from the rest of the restaurant, which is devoted to the serving of alcoholic beverages for consumption by patrons on the premises, in which no person under the age of eighteen years is allowed to enter except to travel to restroom facilities or a non-bar portion of a restaurant and which is separately ventilated from any other area. The bar area must not be the sole waiting area nor the sole entrance to the restaurant for dining patrons. The term "bar" excludes the restaurant dining area.

C.    "Business" means any sole proprietorship, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments that sell goods or services as well as professional corporations and other entities that deliver legal, medical, dental, engineering, architectural or other professional services.

D.    "Child care facilities" means any family day care home regulated by Sections 1597.30 through 1597.621 of the California Health and Safety Code and any day care center for children regulated by Section 1596.90 et seq. of the California Health and Safety Code. It does not include a foster home or residential child care facility.

E.    "Cigarette" means cigarettes as defined in Revenue and Taxation Code Section 30003, as it may be subsequently amended or superseded.

F.    "City" means the city of Petaluma, county of Sonoma, state of California.

G.    "City manager" means the city manager of the city of Petaluma.

H.    "Common area" for purposes of this chapter means:

1.    Every indoor or outdoor area of a multifamily residence which resident(s) of more than one unit are entitled to enter and/or use, including but not limited to halls, pathways, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym or health facilities, swimming pools, parking garages, parking lots, outdoor facilities, shared balconies or porches, shared restrooms, shared laundry rooms, shared cooking facilities and shared eating areas.

2.    Every indoor or outdoor area of a commercial condominium, business incubator, shopping center, or other commercial real property or business which owners, employees and/or the public are entitled or invited to enter and/or use as shared space or facilities, including but not limited to halls, walkways, paths, lobbies, courtyards, elevators, stairs, community or conference rooms, outdoor facilities, gyms or health facilities, swimming pools, parking lots, parking garages and/or shared restrooms.

I.    "Designated smoking area" means an area meeting the requirements of Section 8.20.090 in which smoking is permitted, as designated by an employer, landlord or other person with legal control of the premises.

J.    "Dining area" means any area, including streets and sidewalks, that is available to or commonly used by the general public or an employee and which is designated, established or regularly used for the consumption of food or drink.

K.    "Duplex" for purposes of this chapter means one structure on a single lot containing two dwelling units with a shared wall, each of which is functionally separate from the other.

L.    "E-cigarette" or "electronic cigarette" means a battery operated device with a cartridge filled with nicotine, flavor and other chemicals and/or pharmaceuticals which emits aerosol or vapor.

M.    "Employee" for the purposes of this chapter means any person who is employed by an employer in consideration for direct or indirect monetary wages or profit, any person who volunteers his or her services for a nonprofit entity and any unpaid interns, volunteers or other persons performing services for a business.

N.    "Employer," for the purposes of this chapter, means any person, partnership or corporation, including a municipal corporation, or nonprofit entity that employs the services of one or more individual person and/or receives work or services from an "employee," as defined herein, whether paid or unpaid.

O.    "Enclosed area" or "enclosed" means surrounded by a ceiling, floor, and solid walls which, except for doors, passageways, and/or windows, extend from floor to ceiling on all sides.

P.    "Landlord" means any person who owns property let for residential use, any person who lets residential property and any person who manages such property, except that "landlord" does not include a tenant who sublets a unit so long as the tenant-sublessor sublets only a single unit of a multifamily residence.

Q.    "Multifamily residence" for purposes of this chapter means residential property containing three or more units with one or more shared walls, floors or ceilings, including but not limited to rental complexes, apartments, residential cooperatives, condominium complexes, senior citizen residences, assisted living complexes and skilled nursing facilities. "Multifamily residence" does not include:

1.    A hotel or motel that meets the requirements in Civil Code Section 1940(b)(2);

2.    A mobilehome park;

3.    A campground;

4.    A marina or port;

5.    A single-family residence;

6.    A single-family home with a detached in-law or second unit when permitted pursuant to local ordinance and/or applicable state law.

R.    "New unit" means a multifamily unit that is issued a certificate of occupancy or final inspection on or after August 1, 2013, and also a unit that is leased or rented for the first time on or after August 1, 2013.

S.    "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.

T.    "Open space" means any lot or area of land or water essentially or partially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

U.    "Person" means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

V.    "Place of employment" means any enclosed area under the control of a public, nonprofit or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and classrooms, vehicles, taxis, employee cafeterias or eating places, and hallways. A private residence is not a place of employment for purposes of this chapter, unless it is used as a child care or health care facility or unless it is used for a permitted home occupation having one or more employees or which is visited by members of the public twice a month or more.

W.    "Public event" means an event which is open to and may be attended by the general public, including but not limited to such events as farmers’ markets, parades, craft fairs, festivals, concerts, performances or other exhibitions, regardless of any fee or age requirement.

X.    "Public place" means any place, publicly or privately owned, which is open to the general public regardless of any fee or age requirement.

Y.    "Recreation area" means any area that is publicly or privately owned and open to the general public for recreational purposes, regardless of any fee or age requirement. The term "recreation area" includes, but is not limited to, parks, picnic areas, playgrounds, sports fields and courts, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding trails, swimming pools, spas, roller- and ice-skating rinks, skateboard parks, amusement parks, sports arenas, and beaches.

Z.    "Restaurant" means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests, or employees as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a bar as defined herein.

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

BB.    "Separately ventilated" means equipped with a separate heating, ventilation and air conditioning (HVAC) system from the rest of a building and which has direct external exhaust. The separately ventilated area must also be slightly negatively pressurized to prevent intrusion of smoke into nonsmoking areas.

CC.    "Service area" means any publicly or privately owned area, including streets and sidewalks, that is designed to be used or is regularly used by one or more persons to wait for or receive a service or make a transaction, whether or not such service or transaction involves the exchange of money. The term "service area" includes all bus stops and other facilities of the Petaluma Transit System.

DD.    "Smoke" means the gases and particles released into the air by combustion when the apparent or usual purpose of the combustion is human inhalation of the resulting combustion products, including but not limited to tobacco smoke, cigarette smoke and aerosol or vapor released by the ignition of e-cigarettes. "Smoke" does not include the product of combustion of incense or similar products when used solely for olfactory purposes and not containing tobacco or nicotine.

EE.    "Smoking" means engaging in an act that generates smoke, including but not limited to lighting or possession of a lighted pipe, cigar, cigarette, or hookah water pipe, an operating e-cigarette or a lighted smoke inhalation device of any kind that generates smoke of any kind, from tobacco or any other weed or plant.

FF.    "Sports arena" means enclosed or unenclosed sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, pool halls, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports events.

GG.    "Tobacco products" means tobacco products as defined in Revenue and Taxation Code Section 30121(b), as it may be subsequently amended or superseded, including but not limited to all forms of cigars, smoking tobacco, chewing tobacco, snuff, and any other articles or products made of or containing at least fifty percent tobacco, but does not include cigarettes.

HH.    "Tobacco promotional products" means baseball caps, T-shirts, gym bags, coffee mugs, sunglasses, jackets and other items which have tobacco and/or cigarette advertising logos, images, characters, messages and themes printed on them.

II.    "Tobacco retailer" means any business, person or governmental entity that operates a store, stand, booth, concession, or other place at which sales of tobacco products and/or cigarettes are made to purchasers for consumption or use.

JJ.    "Tobacco retail store" means a tobacco store as defined in Business and Professions Code Section 22962, as it may be subsequently amended or superseded.

KK.    "Unenclosed area" means any area that is not an enclosed area, as defined in this section.

LL.    "Unit" for the purpose of this chapter means a personal dwelling space, including those lacking cooking facilities or private plumbing facilities, and includes any associated exclusive enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio. "Unit" includes but is not limited to an apartment; a condominium; a townhouse; a room in a long-term health care facility, assisted living facility, or hospital; a hotel or motel room; a room in a single room occupancy ("SRO") facility; a room in a homeless shelter; a mobilehome; a camper vehicle or tent; a single-family home; and an in-law or second unit.

MM.    "Vendor-assisted" means a store where only an employee has access to the tobacco product, assists the customer by supplying the product, and the customer does not take possession of the product until it is purchased.

(Ord. 2449 NCS §1 (part), 2013.)

8.20.040 Prohibition of smoking in public places, places of employment, and certain other areas.

A.    Enclosed Areas. Smoking is prohibited in the enclosed areas of the following places within the city except in places listed in subsection C of this section, and except in such places in which smoking is already prohibited by state or federal law, in which case the state or federal law applies:

1.    Places of employment.

2.    Public places, other than bars as defined in this chapter.

3.    Recreation areas.

4.    Common areas.

5.    Duplexes and multifamily residences, as provided in Section 8.20.050.

6.    Hotels, motels and other temporary lodging.

B.    Unenclosed Areas. Smoking is prohibited in the unenclosed areas of the following places within the city limits of the city except in such places in which smoking is already prohibited by state or federal law, in which case the state or federal law applies:

1.    Public places, including public plazas.

2.    Within twenty feet of a working road or building and construction crew.

3.    Recreation areas.

4.    Open space.

5.    Service areas.

6.    Dining areas.

7.    Common areas; provided, that a person with legal control over a common area may designate a portion of the unenclosed area of the common area as a designated smoking area if the area meets all of the criteria set out in Section 8.20.090.

8.    Public events; provided, that the event sponsor may designate a portion of the unenclosed area of the public place being used for the event as a designated smoking area if the designated smoking area is at least twenty feet from any portion of the public place established for the preparation, service or consumption of food or drink, and at least one hundred feet from any portion of the public place established as a play area for children or a place to gather to witness a concert or similar exhibition; and provided further, that smoking is permitted on streets and sidewalks being used in a traditional capacity as pedestrian or vehicular thoroughfares, unless otherwise prohibited by this chapter or other law.

C.    Unless otherwise prohibited by law, smoking is not prohibited in the following enclosed areas:

1.    At theatrical production sites, as part of the production and not by members of the audience.

2.    Inside a tobacco retail store if:

a.    The tobacco retail store does not sell edible products, including, for example, food, water, or drinks, or allow such products to be consumed on the business premises;

b.    The tobacco retail store prohibits minors from entering the store at all times; and

c.    The premises of the tobacco retail store are an independent freestanding building unattached to any other structure or use.

3.    Inside a detached, single-family home unless the home is used as a family day care home, a child care or health care facility licensed by the state of California and/or for a home occupation which has employees and/or is visited twice a month or more by members of the public.

4.    Inside private vehicles.

D.    Notwithstanding any other provisions of this section, nothing in this chapter prohibits any person, landlord, employer, or non-profit entity with legal control over any property or facility from declaring the entire property or facility as nonsmoking and prohibiting smoking on any part of such property or facility, even if smoking is not otherwise prohibited in that area.

(Ord. 2449 NCS §1 (part), 2013.)

8.20.050 Smoking restrictions in new and existing units in duplexes and multifamily residences.

A.    All new units of a duplex or multifamily residence are hereby designated nonsmoking units, including any associated exclusive-use enclosed areas or unenclosed areas, such as, for example, a private balcony, porch, deck, or patio.

B.    All units of a duplex or multifamily residence that are not new units, including any associated exclusive-use enclosed areas or unenclosed areas, such as, for example, a private balcony, porch, deck, or patio, are hereby designated nonsmoking units as of January 1, 2014.

C.    Smoking in a designated nonsmoking unit is a violation of this chapter.

(Ord. 2449 NCS §1 (part), 2013.)

8.20.060 Smoking prohibited in common areas.

A.    Smoking in enclosed common areas is prohibited.

B.    Smoking in an unenclosed common area on or after August 1, 2013, other than in a designated smoking area established pursuant to Section 8.20.090, is prohibited.

(Ord. 2449 NCS §1 (part), 2013.)

8.20.070 Nonsmoking buffer zones.

A.    In all unenclosed areas where smoking is otherwise permitted, smoking shall nevertheless be prohibited within twenty feet from any doorway, window, opening, crack, or vent into an enclosed area in which smoking is prohibited, except while en route to another destination.

B.    In all unenclosed areas where smoking is otherwise permitted, smoking shall nevertheless be prohibited within twenty feet from any unenclosed areas in which smoking is prohibited by this chapter, except while actively passing on the way to another destination.

C.    The prohibitions in subsections A and B of this section shall not apply to unenclosed areas of private residential properties that are not duplexes or multifamily residences.

D.    Smoking is prohibited in unenclosed areas of a duplex or multifamily unit including exclusive-use areas such as balconies, porches, decks, and patios which are within twenty feet from any doorway, window, opening, or other vent into an enclosed or unenclosed area where smoking is prohibited by this chapter or other law, or by binding agreement relating to the ownership, occupancy, or use of real property, or by designation of a person with legal control over the property.

(Ord. 2449 NCS §1 (part), 2013.)

8.20.080 Required and implied lease terms for all new and existing rental units in duplexes and multifamily residences.

A.    Every lease or other rental agreement for the occupancy of a new unit in a duplex or multifamily residence entered into, renewed, or continued month-to-month after August 1, 2013, and in an existing unit in a duplex or multifamily unit entered into, renewed or continued month-to-month after January 1, 2014, shall include the terms that provide as follows, on the earliest possible date when such an amendment is allowable by law when providing the minimum legal notice.

1.    As of August 1, 2013, for new units and as of January 1, 2014, for existing units, it is a material breach of the agreement to allow or engage in smoking in the unit, including exclusive-use areas such as balconies, porches and patios. Such a clause might state:

"It is a material breach of this agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to engage in smoking in the unit, including exclusive use areas such as balconies, porches and patios, [as of August 1, 2013 [for new units] or as of January 1, 2014 [for existing units].]"

2.    It is a material breach of the agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to engage in smoking in any common area of the property other than in a designated outdoor smoking area. Such a clause might state:

"It is a material breach of this agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to engage in smoking in any common area of the property, except in an outdoor designated smoking area, if one exists."

3.    It is a material breach of the agreement for new units entered into, renewed or continued month-to-month after August 1, 2013, or for existing units entered into, renewed or continued month-to-month after January 1, 2014, for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to violate any law regulating smoking while anywhere on the property. Such a clause might state:

"It is a material breach of this agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to violate any law regulating smoking while anywhere on the property."

4.    All occupants of a multifamily residence shall be third-party beneficiaries of the smoking provisions of the agreement. Such a clause might state:

"Other occupants of the property are third-party beneficiaries of those provisions in this agreement that concern smoking. As such, other occupants of the property may seek to enforce such provisions by any lawful means, including by bringing a civil action in a court of law."

B.    Whether or not a landlord complies with subsections (A)(1) through (3) of this section, the clauses required by those subsections shall be incorporated by operation of law into every agreement to which subsections (A)(1) through (3) of this section apply and shall become effective as of the earliest possible date on which the landlord could have made the insertions pursuant to subsections (A)(1) through (3) of this section.

C.    A tenant who breaches a smoking provision of a lease or other rental agreement for the occupancy of a unit in a duplex or multifamily residence, or who knowingly permits any other person subject to the control of the tenant or present by invitation or permission of the tenant, shall be liable for the breach to:

1.    The landlord; and

2.    Any occupant of the premises who is exposed to smoke or who suffers damages as a result of the breach.

D.    Failure to enforce any smoking provision required by this chapter shall not affect the right to enforce such provision in the future, nor shall a waiver of any breach constitute a waiver of any subsequent breach or a waiver of the provision itself.

(Ord. 2449 NCS §1 (part), 2013.)

8.20.090 Designated smoking areas.

Multifamily residences, duplexes, places of employment, city owned or controlled public places, and public events may designate an outdoor area where smoking is permitted if the area meets all of the following criteria:

A.    The area is located at least twenty feet from any unit, enclosed area or common area where smoking is prohibited by this chapter or other law, by binding agreement relating to the ownership, occupancy, or use of real property, or by designation of a person with legal control over the premises. A designated smoking area may require modification or elimination as laws change, as binding agreements are created, and as nonsmoking areas on neighboring premises are established;

B.    The area does not include, and is at least one hundred feet from, unenclosed areas primarily used by children and unenclosed areas with improvements that facilitate physical activity including, for example, playgrounds, swimming pools, and school campuses;

C.    The area includes no more than ten percent of the total unenclosed area of the multifamily residence for which it is designated;

D.    The area has a clearly marked perimeter;

E.    The area is identified by conspicuous signs;

F.    The area is completely within an unenclosed area;

G.    The area does not overlap with any enclosed or unenclosed area in which smoking is otherwise prohibited by this chapter or other provisions of this code, state or federal law; and

H.    Notwithstanding anything in this section to the contrary, the administrative authority may in its discretion establish a designated smoking area in any appropriate location in or on any city owned or operated public place.

(Ord. 2449 NCS §1 (part), 2013.)

8.20.100 Other requirements and prohibitions, signs.

A.    No person, landlord, or employer shall knowingly permit smoking in an area which is under his or her legal or de facto control and in which smoking is prohibited by this chapter, unless otherwise required by state or federal law.

B.    Chapter 8.12 of this code and Penal Code Section 374 prohibit littering citywide.

C.    A person, landlord, or employer who has legal or de facto control of premises in which smoking is prohibited by this chapter shall post on those premises a clear, conspicuous and unambiguous "No Smoking" or "Smoke-free" sign at eye level at each point of ingress to the area where smoking is prohibited, and in at least one other conspicuous point within that area. "No Smoking" signs are not required inside or at doorways of designated nonsmoking units, except in hotel or motel guestrooms. The signs shall not exceed five square feet in area; shall have letters of no less than one inch in height and shall include the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it). Signs posted on the exterior of buildings to comply with this section shall include any buffer zone requirement set forth in Section 8.20.070. At least one sign with the phone number to which complaints can be directed must be conspicuously posted in each place in which smoking is prohibited. For purposes of this section, the administrative authority shall be responsible for the posting of signs required in facilities owned or leased in whole or in part by the city, in such locations as may be determined by and in the sole discretion of the administrative authority. Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of smoking in violation of any other provision of this chapter.

D.    No person, landlord, or employer shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this chapter.

(Ord. 2449 NCS §1 (part), 2013.)

8.20.110 Additional requirements for employers.

A.    Each employer, as defined in this chapter, having an enclosed place of employment located within the city and not otherwise exempt from this chapter shall adopt, implement, make known and maintain a written smoking policy which complies with the requirements of this chapter, including but not limited to written notification of prohibited smoking areas.

B.    The written smoking policy shall be communicated to all employees at least annually, and all employers shall supply a written copy of the smoking policy to all existing employees and to prospective or new employees at the time of hiring.

(Ord. 2449 NCS §1 (part), 2013.)

8.20.120 Regulation of the manner of sale of tobacco products and cigarettes.

A.    Any person, business, or other establishment which sells cigarettes and other tobacco products for consumption shall post plainly visible signs at the point of purchase of tobacco products which state:

"THE SALE OF TOBACCO PRODUCTS OR CIGARETTES TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW. PHOTO ID IS REQUIRED TO PURCHASE TOBACCO."

    The letters of these signs shall be at least one-quarter-inch high.

B.    No person, business, or owner, manager, operator or employee of any business shall sell, offer to sell or permit to be sold any tobacco product, cigarette or tobacco or cigarette promotional product to an individual without requesting and examining identification establishing the purchaser’s age as eighteen years or greater unless the seller has some reasonable basis for determining the buyer’s age.

C.    It shall be unlawful for any person, business, or tobacco retailer to sell, permit to be sold, or offer for sale any tobacco product, cigarette or tobacco or cigarette promotional product by means of self-service merchandising or by means other than vendor-assisted sales.

D.    Standard ten-pack cartons of cigarettes, multi-packages of smokeless tobacco, cigars and pipe tobacco are exempt from this provision so long as these products are under constant direct sight surveillance of a store employee.

E.    Tobacco products and cigarettes shall be deemed to be under constant direct sight surveillance of an employee only if the tobacco products and cigarettes themselves (and not just the displays, racks, shelves, kiosks, etc., where the products are displayed) are in plain and full view of a store employee.

F.    No person, business or owner, manager, operator or employee of any business shall sell, offer for sale, or distribute any tobacco product, cigarette or tobacco or cigarette promotional product by or from a vending machine or appliance, or any other coin-operated mechanical device designed or used for vending purposes, except for vending machines located within the premises issued an on-sale public premises license for the sale of alcoholic beverages by the state of California and located fifteen feet or more inside of the entrance to and within areas of such premises to which access by minors is prohibited by law.

(Ord. 2449 NCS §1 (part), 2013.)

8.20.130 Enforcement and penalties.

A.    Any owner, manager, operator or employer of any establishment subject to this chapter shall have the responsibility to inform any apparent violator, whether public or employee, about any smoking restrictions in said establishment.

B.    Enforcement of this chapter shall be the responsibility of the city manager or his/her designee, herein described as "administrative authority."

C.    The administrative authority may require, while an establishment is undergoing otherwise mandated inspections, a certification from the owner, manager, operator or other person having control of such establishment that all requirements of this chapter have been complied with.

D.    Any citizen who desires to register a complaint under this chapter may initiate the complaint with the administrative authority. Investigation and enforcement pursuant to any such complaint shall be within the discretion of the administrative authority.

E.    Smoking in any area where smoking is prohibited by this chapter and any other violation of this chapter shall be, and is hereby declared to be, unlawful and a public nuisance, and provisions of this chapter shall be enforceable pursuant to Chapters 1.10 through 1.16, or by any other judicial and administrative penalties and remedies available to the city under applicable local, state or federal law. Each instance of smoking in violation of this chapter shall constitute a separate violation. For violations other than prohibited smoking, each day of a continuing violation of this chapter shall constitute a separate violation. The remedies provided by this chapter are not intended to preclude any other remedy available at law or in equity.

(Ord. 2449 NCS §1 (part), 2013.)

8.20.140 Nonretaliation.

No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this chapter. (Ord. 2449 NCS §1 (part), 2013.)

8.20.150 Other applicable laws.

This chapter shall not be interpreted to permit smoking where it is otherwise restricted by other applicable laws. (Ord. 2449 NCS §1 (part), 2013.)

8.20.160 Liberal construction.

It is the intention of the city council that this chapter shall be liberally construed to accomplish its remedial objectives and to be compatible with federal and state enactments. (Ord. 2449 NCS §1 (part), 2013.)