Chapter 7.25
REGULATING THE MANNER OF
SALE OF TOBACCO PRODUCTS
Sections:
7.25.010 Findings and purpose.
7.25.020 Definitions.
7.25.030 Regulating the manner of sale of tobacco products.
7.25.040 Violations and penalties.
7.25.010 Findings and purpose.
A. Numerous studies have determined that smoking is a significant health hazard inducing lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction and bronchospasm; and
B. These risks have been found to be substantially greater when smoking begins at an early age; and
C. In order to reduce addiction to tobacco products by children and teens, it is in the public interest to:
1. Prohibit self-service sales and self-service displays, racks and shelves of tobacco products;
2. Require the posting of warning signs at the point of purchase stating the legal age of sale and that identification is required to purchase tobacco; and
3. Prohibit vending machines in areas accessible to minors. (Ord. 94-9 § 1, 1994).
7.25.020 Definitions.
As used in this chapter:
"Self-service merchandising" means open display of tobacco products and tobacco promotional products that the public has access to without the intervention of a vendor.
"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 or consumption.
"Tobacco promotional products" means baseball caps, tee-shirts, gym bags, coffee mugs, sunglasses, jackets and related items which have tobacco advertising logos, images, characters, messages or themes printed on them.
"Tobacco retailer" means 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.
"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.
"Vendor-assisted" means that 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. 94-9 § 1, 1994).
7.25.030 Regulating the manner of sale of tobacco products.
A. Any person, business, tobacco retailer or other establishment in the city of Sonoma shall post plainly visible signs at the point of purchase of tobacco products which state in letters at least one-fourth inch in height:
THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW. PHOTO ID IS REQUIRED TO PURCHASE TOBACCO.
B. 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 more unless the seller has some reasonable basis for determining the buyer’s age.
C. No person, business or owner, manager, operator or employee of any establishment shall sell, permit to be sold, offer for sale or display for sale any tobacco product or tobacco promotional products by means of self-service merchandising or by means other than vendor-assisted sales. Cartons of cigarettes, multi-packaged smokeless tobacco, cigars and pipe tobacco are exempt from this provision so long as these tobacco products are under constant direct sight surveillance of a store employee. These tobacco products shall be deemed to be under constant direct sight surveillance of an employee only if the tobacco products 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.
D. No person, business or owner, manager, operator or employee of any establishment shall sell, offer for sale, or distribute any cigarette or other tobacco 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 premises licensed by the state of California for on premises liquor sales and located within areas of such premises to which access by minors is prohibited by law. (Ord. 94-9 § 1, 1994).
7.25.040 Violations and penalties.
A. It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the restrictions of this chapter to fail to comply with its provisions.
B. Any person, business or owner, manager or operator of any establishment who violates any provision of this chapter shall be deemed guilty of an infraction, and:
1. Upon the first violation, there shall be imposed a fine not to exceed $100.00;
2. Upon the second violation within one year, there shall be imposed a fine not to exceed $200.00;
3. Upon the third and additional violations within one year, there shall be imposed a fine not to exceed $250.00. (Ord. 94-9 § 1, 1994).